Obligation de coopérer

Serbie

Law on cooperation with the International Criminal Court

I BASIC PROVISIONS

Competence for Co-operation with the International Criminal Court and for the Execution of Decisions Thereof

Article 4

Requests for co-operation with the International Criminal Court and for the execution of decisions thereof shall be transmitted to the Ministry of Justice (hereinafter: the Ministry), unless otherwise provided for under this Law.

Once it has established that the request mentioned in paragraph 1 of this Article contains required data set forth in the Statute, the Ministry shall transmit it to the competent state authority to proceed as provided for by this Law.

Should the Ministry establish that the request mentioned in paragraph 1 of said Article does not contain required data set forth in the Statute, it shall return it to the International Criminal Court for completion and/or corrigenda.

When co-operating with the International Criminal Court, the state authorities of the Republic of Serbia are obliged to proceed with particular urgency.

Subject matter and territorial jurisdiction of courts, public prosecutor's offices and other state authorities with respect to the procedure of co-operation with the International Criminal Court shall be defined in accordance with the rules of the Criminal Procedure Code, unless otherwise provided by this Law or any separate law.

I BASIC PROVISIONS

Application of Legislation of the Republic of Serbia

Article 7

Competent state authorities involved in co-operation with the International Criminal Court shall undertake actions in a manner provided for by laws and other legal precepts of the Republic of Serbia.
Provisions of this Law and other regulations implemented in the procedure of co-operation with the International Criminal Court shall be interpreted in accordance with the legal system of the Republic of Serbia, in a manner corresponding to the objectives and the meaning of the Statute.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

General Rules of Co-operation and Providing Legal Assistance

Article 14

Pursuant to Article 93 of the Statute, all state authorities shall co-operate through the Ministry to a full extent and in good faith with the International Criminal Court for the purposes of providing legal assistance to said Court, in order to prosecute persons charged with the criminal offences referred to in Article 1 of this Law.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Attendance of Representatives of the International Criminal Court

Article 15

The state authority undertaking the action to provide legal assistance at the request of the International Criminal Court shall permit representatives thereof to witness the implementation of the legal assistance action.

The representatives of the International Criminal Court witnessing the implementation of the legal assistance action may ask questions and make proposals, and they may be granted video or sound recording of the action upon written request containing rationale should it not hinder the implementation or be inconsistent with justified interests of the persons witnessing the action and/or with the objectives of the criminal proceeding.

At their request the International Criminal Court representatives shall be provided with a copy of the minutes, and/or a copy of the video and sound recording of the legal assistance action.

The International Criminal Court representatives may be exceptionally allowed to also witness an action which excludes the public pursuant to the provisions of the Criminal Procedure Code should it not be contrary to the reasons for which the public is excluded.

In the case referred to in paragraph 4 of this Article, the state authority implementing the action shall specifically bring to the attention of the witnesses their duty to keep all facts they have learnt during the action secret, also warning them about the consequences of disclosing the secret.

IV ARREST, CUSTODY AND SURRENDER OF THE ACCUSED PERSON

Arrest of the Accused Person

Article 23

It is the duty of the Police to proceed upon the request of the International Criminal Court, arrest the accused person, and bring him/her in to the competent Investigative Judge without delay.

Statut de Rome

Article 86 Obligation générale de coopérer

Conformément aux dispositions du présent Statut, les États Parties coopèrent pleinement avec la Cour dans les enquêtes et poursuites qu'elle mène pour les crimes relevant de sa compétence.