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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.87 Requests for cooperation: general provisions/Demandes de coopération: dispositions générales

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, 2021. All Rights Reserved.date: 20 January 2021

Subject(s):
Elements of crimes — International criminal law, victims — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 87 of the Rome Statute of the International Criminal Court. Article 87 affirms the authority of the Court to make requests to States Parties for cooperation, and proposes a mechanism for non-compliance. It deals with the modalities of such requests and contemplates their application to non-party States as well as States Parties to the Rome Statute. Cooperation can be divided into two broad categories: surrender of suspects and ‘other forms of cooperation’ involving such measures as taking of evidence, questioning, and examination of places or sites. Article 87 establishes general rules applicable to requests for both categories of cooperation.

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