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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.88 Availability of procedures under national law/Procédures disponibles selon la législation nationale

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: 17 January 2021

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

This chapter comments on Article 88 of the Rome Statute of the International Criminal Court. Article 88 requires States Parties to ensure that there are procedures available under their national law for all of the forms of cooperation. It sets out an obligation of result and not one of conduct. States should review the relevant provisions of their law in order to ensure that they are in a position to comply with requests from the Court for cooperation. They are required to have in place procedures that ‘facilitate timely compliance with requests for assistance’. If they cannot comply with a request because of lacunae or incompatibilities in their national legal systems, they will be in breach of the Rome Statute.

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