all of the forms of co-operation" specified in Part 9 of the Statute.
c) Under article 87 (5)(a), non-States Parties must comply with any agreements or arrangements for providing co-operation that they enter into with the ICC.
Implementation
A State that becomes a Party to the Statute is thereby accepting that the Court has jurisdiction over the crimes listed in article 5, from the date of entry into force of the Statute, and that the Court may take jurisdiction over its nationals or other persons on its territory, in certain well-defined circumstances. Therefore States Parties should ensure that there are no obstacles to co-operation with the Court. A non-State Party that accepts the jurisdiction of the Court over a particular crime should also ensure that there are no obstacles to co-operation in accordance with whatever agreement or arrangement it enters into with the Court. For example, States should ensure that all of the relevant State authorities are empowered to assume jurisdiction as necessary, in relation to ICC investigations and prosecutions.
States will most likely have to enact implementing legislation, and implement appropriate procedures, to enable them to meet all of their obligations under the Rome Statute. However, those States that already have arrangements for State-to-State co-operation may only need to modify these arrangements slightly, to enable them to co-operate with the ICC as well.
Requests for co-operation and assistance
Description
Article 87 enables the Court to make requests to States Parties for co-operation. Requests from the Court will generally be in writing (articles 91 (1) & 96 (1)) and transmitted through the diplomatic channel, unless the State specifies otherwise (article 87 (1)). In some urgent cases, requests may be made by any medium capable of delivering a written record, such as facsimiles or email, as long as the request is subsequently confirmed through the appropriate channel (articles 91 (1) & 96 (1)). Requests from the ICC and any supporting documentation will either be in, or accompanied by a translation into, an official language of the requested State or one of the working languages of the Court (article 87 (2)). The working languages of the Court are English and French (article 50 (2)).
Article 96 outlines the required contents of most requests for co-operation. The Court must provide the following: a statement of the purpose and legal basis of the request and the assistance sought; a statement of the factual situation underlying the request; information concerning the possible location of persons or items that are the subject of the request; details of any special procedures or requirements that must be observed and the reason for them; and any additional information that the State needs in order to execute the request (article 96 (2)). States must advise the Court of any special requirements for executing requests under their national laws (article 96 (3)).
Article 99 (1) provides that requests for assistance must be executed in accordance with the relevant procedure under the law of the requested State. However, as long as it is not prohibited under State law, the Court can specify the manner of execution of the request, certain procedures that are to be followed, and certain persons who are to be present or who are to assist with the execution process. Where the Court makes an urgent request for documents or evidence, States must send such items urgently (article 99 (2)).
Exceptions to the duty to comply with requests
Article 93 lists some of the main forms of assistance with ICC investigations that States are required to provide, such as witness protection, search and seizure, and collection of evidence. Note that this article requires States to "comply" with any requests by the Cour
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