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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.96 Contents of request for other forms of assistance under article 93/Contenu d’une demande portant sur d’autres formes de coopération visées à l’article 93

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 June 2024

Elements of crimes — Pre-Trial Chamber — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 96 of the Rome Statute of the International Criminal Court. Article 96 governs requests for legal assistance in accordance with article 93. It is broadly similar to article 91, which applies to the content of requests for arrest and surrender. Many of the same issues apply to both forms of request. It must also be read in conjunction with article 99, which applies to the execution of requests under articles 93 and 96. Formalities are established for requests for cooperation, in terms of the channel of communication and the language. Set out in article 87(1)(a), they apply to requests for legal assistance, including those contemplated by article 93. In urgent cases, a request may be made by any medium capable of delivering a written record, but it must subsequently be confirmed according to the formal mechanism.

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