ions, before denying the request.
c) Under article 96 (3), States Parties must consult with the Court when requested, regarding any requirements under their national law for executing requests from the Court. During such consultations, they must advise the Court of the specific requirements under their law.
d) Article 97, which relates to other perceived problems with executing requests, requires the State to consult with the Court "without delay in order to resolve the matter".
e) States Parties must comply with any specifications that the Court makes under article 99 (1) in relation to the execution of a request for assistance, unless the specified manner of execution is prohibited by the law of the requested State.
f) Under article 99 (2), where the Court makes an urgent request for documents or evidence, the requested State Party must send the requested items urgently, if the Court requests this.
Implementation
In general terms, States Parties need to have laws and procedures in place to enable them to comply with all requests for assistance from the ICC. These laws and procedures need to be flexible enough to allow States Parties to comply with any specifications that accompany the request, such as the manner of executing a particular request, or the procedure to be followed. This may include requirements as to confidentiality or other forms of protection of information, as well as the urgency of the request.
All States should establish an effective method of communicating with the Court to resolve any problems that may arise in relation to requests from the Court for assistance. For example, someone working in the State's Embassy at The Hague should be designated to keep in regular contact with the ICC Registry, so that any potential difficulties in meeting requests can be identified at an early stage. At the very least, a contact person should be designated to keep up-to-date records on all communications with the Court and its various organs.
Where States Parties have particular requirements concerning the execution of requests from the ICC, they should make these known to the Court as soon as possible after ratification. If they do not, then they must be prepared to do so whenever the Court requests such information.
States Parties may also need to have laws that allow persons specified by the Court to be present at and assist in the execution process, after the State Party has been consulted (article 99 (4)(b)). These persons are likely to include ICC personnel, such as the Prosecutor or Deputy Prosecutors. They may also include Defence counsel for a person being investigated by the ICC, where they have obtained an order or a request for co-operation from the Pre-Trial Chamber in accordance with article 57 (3)(b).
Postponement of execution of requests
Description
Articles 94 and 95 allow States to postpone the execution of requests, in certain situations. Article 94 addresses the instance where execution of the request in the State would interfere with an ongoing investigation or prosecution of a different matter. In such a situation, the requested State is able to consult with the Court and to agree upon a period of time for postponement of execution. This period must not be longer than is necessary to complete the relevant investigation or prosecution in the requested State. The requested State may also provide the assistance subject to certain conditions, if the State decides to provide the assistance immediately.
Article 95 addresses the case of a request for assistance that is made when an admissibility ruling is still pending. The ICC has the competence to decide all jurisdictional matters pertaining to itself. However, the requested State may postpone the execution of a request pending a determination by the Court, unless the Co
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