'Consultations with the Court' in document 'Croatia: Implementation of Statute of ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

V. COOPERATION WITH INTERNATIONAL CRIMINAL COURT
CONSULTATIONS
Article 27
When there are factual and legal reasons which might prevent or render more difficult the fulfillment of the request for the cooperation, particularly those referred to in Article 97 of the Statute, the competent state authority shall inform the Government with no delay which shall consult the International Criminal Court concerning the manner of resolving of the problem.

VII. ENFORCEMENT OF JUDGEMENT AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT
ENFORCEMENT OF JUDGEMENT AND OTHER DECISION OF THE INTERNATIONAL CRIMINAL COURT
Article 42
(2) The Republic of Croatia shall inform the International Criminal Court without delay about the actual and legal reasons preventing or restricting the enforcement of the judgment or other decision and shall consult the Court on the manner of further proceeding.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

V COOPERATION WITH INTERNATIONAL CRIMINAL COURT

Article 27

When there are real or legal reasons, particularly those mentioned in Article 97 of the Statute, the competent government body shall promptly inform the Government of the Republic of Croatia which shall consult the ICC concerning the way to solve the problem.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VII. ENFORCEMENT OF JUDGEMENT AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT

Article 40

(1) The Republic of Croatia shall enforce the judgement and other decisions of the International Criminal Court by applying the Statute and other regulations of the International Criminal Court and the appropriate provisions of the domestic law.

(2) The Republic of Croatia shall inform the International Criminal Court without delay about the real or legal reasons preventing or restricting the enforcement of the judgement or other decision and shall consult the ICC on further proceeding.

RELEVANT ROME STATUTE PROVISIONS

Article 89
Surrender of persons to the Court
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article 91
Contents of request for arrest and surrender
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 93
Other forms of cooperation
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

Article 96
Contents of request for other forms of assistance under article 93
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.