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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.94 Postponement of execution of a request in respect of ongoing investigation or prosecution/Sursis à exécution d’une demande à raison d’une enquête ou de poursuites en cours

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

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

This chapter comments on Article 94 of the Rome Statute of the International Criminal Court. Article 94 is one of three provisions authorizing a State to postpone compliance with a request from the Court. The first of these, article 89(2), allows the postponement of a request for arrest and surrender until the issue of admissibility has been resolved. Similarly, article 95 contemplates postponement of a request pending an admissibility challenge, and appears to be directed at requests involving ‘other forms of cooperation’, as this is meant by article 93. Article 94 addresses a situation where a State desires to postpone execution of a request because this might interfere with an ongoing investigation or prosecution of a case that is different from that to which the request of the Court relates.

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