Coalition for the International Criminal Court
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Cooperation with States
Cooperation with States
UN Secretary-General Kofi Annan and Mr. Philippe Kirsch, President of the International Criminal Court, signed the Relationship Agreement between the United Nations and the ICC on 4 October 2004, ensuring cooperation between the two international organizations. Credit: UN Photo.
Rome Statute
Chapter IX of the Rome Statute elaborates on the different forms of cooperation that the Court can demand from a State Party for the purpose of investigating or prosecuting a crime within the jurisdiction of the Court. The obligation to cooperate with the ICC also entails an obligation to implement procedures under national law which will facilitate such cooperation. Accordingly, a State should be able to fully comply with requests regarding arrests, provisional arrests, surrender of persons, and other forms of cooperation regarding, inter alia, access to information, gathering of evidence, searches and seizures, witness protection, freezing of assets and any other type of cooperation not prohibited by the law of the requested State Party.

Special Voluntary Cooperation Agreements
In principle, the obligation to cooperate as stated in the Statute and the obligation to implement national procedures should suffice. However, in practice, Chapter IX of the Rome Statute can be viewed as a minimum set of obligations that reflects the lowest common denominator of standards to be undertaken by States Parties. Thus, when a more detailed form of cooperation is desired, the Office of the Prosecutor, pursuant to Article54(3)(d), and the Court could enter into special voluntary cooperation agreements or arrangements with States for the purposes of, inter-alia, enhanced cooperation with States where situations are being investigated or cases prosecuted, or for the implementation of witness protection and relocation programmes.

Memoranda of Understanding
Congolese and Ugandan government authorities concluded agreements on judicial cooperation with the Office of the Prosecutor on 6 October and September 2004 respectively. Although these agreements might result in a more enhanced form of cooperation than the one envisaged under Chapter IX, they resulted from the absence of implementing legislation. Similarly, on 12 October 2004, a provisional Memorandum of Understanding was signed between the Court and the Democratic Republic of Congo in order to facilitate the independence, safety and confidentiality of the Court’s activities in the field. This measure will remain in effect only until the Congolese authorities ratify the Agreement on the Privileges and Immunities of the International Criminal Court (APIC).

Witness Protection and Relocation Agreements
As noted by President Kirsch in his 8 November 2005 statement address to the United Nations General Assembly, the Court has an interest in negotiating a range of arrangements not only on general cooperation issues but also regarding specific matters. As a result, the Court has concluded several agreements with States on the protection and relocation of witnesses. For security reasons, it is assumed that these Agreements cannot be made available to the public.

Cooperation by States not Party to the Rome Statute
The Statute, in Article 87 (5), also provides for Cooperation Agreements to be agreed, on an Ad-hoc basis, between the Court and non-States Parties. Similarly, Article 54(3)(c) and (d) empower the Office of the Prosecutor to seek cooperation from any State and to enter into such arrangements or agreements as may be necessary to facilitate the cooperation of a State in conformity with the Statute.
Draft Legislation
Author Date and Title
Colombia
Nov 2005
Draft Bill on Cooperation with the ICC. Currently in discussion at the Colombian Congress.
France
20 Dec 2001
French Senate Draft Cooperation Bill with the ICC, presented by Senator Robert Badinter
Enacted Legislation
Author Date and Title
Peru
29 July 2004
ICC Cooperation Bill - Code of Criminal Procedure - Legislative Decree (Spanish)
Factsheets
Government and Inter-governmental Documents