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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.100 Costs/Dépenses

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 July 2024

Transport — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 100 of the Rome Statute of the International Criminal Court. Article 100 deals with costs involved in surrender and other aspects of legal assistance. The general rule set out in the provision is that ‘ordinary costs’ respecting execution of requests in the territory of the requested State are to be borne by the State. It is based on accepted models in other international legal instruments. There are, however, exceptions, i.e. travel of witnesses, experts, and persons in custody is the responsibility of the Court, not the State Party. The same applies to costs of translation, interpretation, and transcription, which may be especially significant if a State opts for communication in a language other than one of the working languages of the Court, in accordance with article 87(2) of the Statute. Other costs to be borne by the Court are those of expert opinions or reports requested by the Court and transport of a person being surrendered to the Court by a custodial State.

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