urt has specifically ordered that the Prosecutor may collect evidence before the Court has ruled on the admissibility issue. In other words, it may be unclear at that stage as to whether a State authority or the ICC will eventually prosecute the matter. So States are entitled to wait and see if the ICC will definitely be assuming jurisdiction before being required to execute requests made under Part 9, unless the Court orders otherwise.
Obligations
a) If a State postpones the execution of a request for a period of time agreed upon with the Court, in the case of potential interference with an ongoing investigation or prosecution by the State of a different matter, the postponement must be no longer than is necessary to complete the relevant investigation or prosecution in the requested State (article 94 (1)).
b) Where the Court has specifically ordered that the ICC Prosecutor may pursue the collection of evidence pursuant to article 18 or 19 on challenges to the admissibility of a case before the ICC, and pending a determination of such a challenge, the requested State must not postpone the execution of any requests from the Court. However, States may postpone the execution of requests pending the determination of the matter, if there is no such order from the Court (article 95).
Implementation
When a State receives a request for assistance from the ICC, it needs a mechanism whereby it can check whether execution of the request would interfere with any ongoing investigations or prosecutions it is undertaking. This would probably involve a procedure for consultations between all the relevant State authorities, to be undertaken within a reasonably short period of time or on a regular basis. Such authorities need to be identified first and would likely include law enforcement officers, prosecutors, defence counsel, court registry staff, and possibly military tribunal staff as well.
Once the relevant State authorities have been consulted, and it has been determined that execution of the request would interfere with the State proceedings, the State must consult with the Court to agree upon the appropriate time period for postponement of execution of the request. The body that consults with the Court should know at what stage the State proceedings are, in order to negotiate with the Court a suitable time period for the postponement. In the alternative, the State should consider whether the assistance requested could be provided immediately, subject to certain conditions. Any conditions should be negotiated with the Court.
Where a State has postponed execution of a request in accordance with article 94, those involved in the State's investigation or prosecution will need to keep in contact with the relevant authorities, so that the State can notify the ICC when it has completed its investigations or prosecutions.
States should ensure that they keep themselves informed as to preliminary proceedings in the ICC, such as admissibility challenges. If they decide to postpone execution of a request pending the resolution of an admissibility issue, they should notify the Court of this decision. However, where the Prosecutor has permission from the Court to collect evidence on the requested State's territory, the State must have laws and procedures in place to be able to provide any assistance to the Prosecutor that the Court has requested.
Costs of executing requests
Description
Under article 100 (1), States must be prepared to bear the "ordinary costs for execution of requests in their territory", with quite a few exceptions. These exceptions are:
(a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;
(b) Costs of translation, interpretation and transcription;
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