Contents of request - national law requirements


Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter IV
Request of the International Court

Article 10. Contents of a request of the International Court

1 .A request of the International Court shall meet the requirements for the employment of the relevant procedural measures under the Statute.

2.A request shall include:
a. comprehensive outline of substantial circumstances of the case and legal qualification thereof;
b.detailed and full information on persons being prosecuted as well as detailed information on persons, locations or objects detection or identification of which is necessary for the execution of the request;
c. comprehensive description of the object of request and the procedures to be conducted, as well as the assistance sought;

3 .If a request does not meet requirements under paragraphs 1 and 2 of this Article, the Responsible Agency may request from the International Court elimination of deficiencies.

Chapter V
Surrender of a person to the International Court

Article 21. Contents of a request and materials to be attached

1 .A request for arrest and surrender of a person for whom the International Court issued a arrest warrant must contain:
b) data required for identification of the person and also indication of alleged actual
location of the person;
c)a copy of the warrant of arrest;
d) reason of arrest.

2.A request for arrest and surrender of a convicted person must contain additionally:
a)a copy of the sentencing decision;
b) information on the terms of sentence served and remaining, if the person has already
been convicted and sentenced to imprisonment.

3. Such a a request shall be accompanied with a statement of substantial circumstances of the case that are adequate for legal evaluation of the facts.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.