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(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;
(d) Costs of any expert opinion or report requested by the Court;
(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and
(f) Following consultations, any extraordinary costs that may result from the execution of the request.
Obligations
States must cover the costs of the execution of all requests for assistance in their territory (article 100), except those listed in article 100 (1).
Implementation
States Parties need to ensure that they have sufficient funds to cover the cost of certain requests from the Court. However, minimal additional costs are likely to be incurred, since many of the forms of State co-operation required under the Statute will simply entail an extension to the usual work of various personnel already within the national criminal justice system and Ministry of Foreign Affairs.
Designation of an appropriate channel for receiving
requests
Description
Under article 87, requests from the Court "shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession." Subsequent changes to the designation may be made, in accordance with the Rules of Procedure and Evidence. In addition, a State must indicate its preferred language of correspondence at the time of ratification, acceptance, approval or accession. This, too, may be changed subsequently in accordance with the Rules of Procedure and Evidence.
Under article 87 (1)(b), requests from the Court may also be transmitted through the International Criminal Police Organisation or any appropriate regional organisation.
Obligations
Article 87 requires each State, upon ratification, acceptance, approval or accession, to designate:
(a) its preferred channel for communication, whether it be diplomatic or otherwise; and
(b) its preferred language of correspondence, either an official language of the State or a working language of the Court (English or French).
Implementation
With respect to the diplomatic or other appropriate channel, a State may prefer to follow the practice already established by that State for the ICTY. For example, many States receive communications from the ICTY through their embassies based in The Hague. In cases where a State has no established ICTY practice, the State might want to designate that communication be directed through a particular section/department of its Ministry of Foreign Affairs or Ministry of Justice.
With respect to choosing a language of communication with the ICC, the State can designate either an official language of the State or a working language of the Court. Again, States may wish to follow their practice established for communicating with the ICTY. Of course, a State must take into account any legislation it has on its official languages.
Note that requests may be transmitted from the Court to the International Criminal Police Organisation or any appropriate regional organisation. With respect to States, it is likely that the Court will only transmit requests to regional organisations when it is requesting assistance from every State in that organisation or is requesting assistance from the regional organisation's structure itself. The regional organisation must have a structure in place to transmit such requests to its member States. States should ensure that they are able to receive and execute requests made through regional organisations and Interpol.
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