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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.93 Other forms of cooperation/Autres formes de coopération

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: 21 June 2021

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

This chapter comments on Article 93 of the Rome Statute of the International Criminal Court. Article 93 requires States Parties to comply with requests by the Court to provide other forms of mutual legal assistance. The assistance is provided in accordance with national law. Where national law requires judicial intervention for its implementation, ‘domestic judicial authorities shall be engaged in the ordinary manner and in accordance with relevant procedures available under national law’. The forms of legal assistance include the identification and whereabouts of persons or the location of items; the taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court; the questioning of any person being investigated or prosecuted; and the service of documents, including judicial documents.

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