I. GENERAL PROVISIONS

AREA OF APPLICATION
Article 1

This Law shall regulate the implementation of the Statute of the International Criminal Court which the Republic of Croatia has ratified by adopting the Law on the Ratification of the Rome Statute of the International Court (Official Gazette - International Treaties, No. 5/2001), the cooperation of the Republic of Croatia with the International Criminal Court, and the specific prosecutions of criminal offences prescribed by the Article 5 of the Statute, criminal offences against the values protected by the international law referred to in Articles 156 - 168, 187, 187a and 187b of the Penal Code (Official Gazette, No. 110/97, 27/98, 129/00, 51/01 and 111/03), and other crimes under the jurisdiction of the international criminal courts, as well as the prosecution of criminal offences against the international justice.

I. GENERAL PROVISIONS
APPLICATION OF NATIONAL LEGISLATION
Article 6
(2) The Law and other regulations of the Republic of Croatia applicable to the co-operation with the International Criminal Court shall be construed and applied in a way corresponding with the purpose and intent of the Statute of the International Criminal Court.

III. NOTIFICATION TO THE PROSECUTOR AND PROCEDURES UPON THE PROSECUTOR'S NOTIFICATION

NOTIFICATION TO THE PROSECUTOR
Article 17

(1) When state authorities, legal and natural persons have the knowledge of a criminal offence being committed within the jurisdiction of the International Criminal Court, irrespective of the place where it was committed, and other than a crime already being prosecuted in the Republic of Croatia, before the International Criminal Court or competent court of another state, shall notify thereof the competent state attorney.
(2) The competent state attorney shall, provided that the requirements under the Criminal Procedure Act are met, take necessary steps and institute the criminal proceeding.
(3) If for actual or legal reasons such criminal proceeding may not be initiated in the Republic of Croatia, the State Attorney General shall notify thereof the Government which in turn, in accordance with Article 14 of the Statute, may notify the Prosecutor.

V. COOPERATION WITH INTERNATIONAL CRIMINAL COURT
PRINCIPLES OF COOPERATION
Article 23
(1) The Republic of Croatia shall fully cooperate with the International Criminal Court in accordance with the Article 93 of the Statute in investigations and criminal prosecution of criminal offences within its competence, proceeding in the manner prescribed in Article 3 hereof.
(2) The request for the cooperation sent by the International Criminal Court shall be confidential and its content may be disclosed when this is necessary for its fulfillment, or for other particularly important reasons.
(3) All government bodies of the Republic of Croatia shall act in good faith in the process of cooperation, guided by the Statute's goals and the purpose of each individual activity carried out.
(4) The competent government bodies shall also undertake the activities that the International Criminal Court has not expressly requested, if it appears that they are necessary in order to find the perpetrator and collect evidence for a trial before the International Criminal Court.

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

GENERAL PROVISIONS

Article 1

(1) This Law shall regulate the implementation of the Statute of the International Criminal Court (hereinafter: the Statute), which the Republic of Croatia has ratified by adopting the Law on the Ratification of the Rome Statute of the International Court (Official Gazette — International Treaties, No. 5/2001), the co-operation of the Republic of Croatia with the International Criminal Court, and the specific prosecution of crimes against international law of war and humanitarian law and other crimes within the jurisdiction of international criminal courts (hereinafter: Crimes), as well as the prosecution of crimes against international justice (Article ... of the Criminal Law).

(2) This Law shall also be referred to as the Law on Crimes Against International Law.

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

GENERAL PROVISIONS

Article 6

(3) The Law and other regulations of the Republic of Croatia applicable in co-operation with the International Criminal Court shall be construed and applied in a way corresponding to the purpose and intent of the Statute of the International Criminal Court.

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

III. NOTIFICATION T O THE PROSECUTOR AND ACTION T O BE TAKEN UPON THE PROSECUTOR'S NOTIFICATION

Article 17

(1) State authorities, legal and natural persons with knowledge of a crime within the competence of the International Criminal Court, irrespective of the place where it was committed and other than a crime already prosecuted in the Republic of Croatia or before the International Criminal Court or a competent court of another state, shall notify thereof the responsible public attorney.

(2) The responsible public attorney, provided that requirements under the Criminal Procedure Act are met, shall take necessary steps and institute a prosecution procedure.

(3) If for actual or legal reasons such criminal prosecution cannot be initiated in the Republic of Croatia, the Public Attorney General shall notify thereof the Government of the Republic of Croatia which in turn, in accordance with Article 14 of the Statute, may refer the case to the Prosecutor.

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 23

(1) The Republic of Croatia shall fully cooperate with the International Criminal Court in accordance with Article 93 of the Statute in investigations and criminal prosecution of crimes within its competence, proceeding in the manner prescribed in Art. 3 hereof.

(2) The cooperation request by the International Criminal Court shall be confidential and its content may be disclosed when this is necessary for its fulfilment, or for other particularly important reasons.

(3) All government bodies of the Republic of Croatia shall act in good faith in the process of cooperation, guided by the goals from the Statute and the purpose of each individual activity carried out.

(4) The competent government bodies shall also undertake the activities which the International Criminal Court has not expressly requested, if it appears that they are necessary in order to find the perpetrator and collect evidence for a trial before the International Criminal Court.

Article 86
General obligation to cooperate
States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for
all of the forms of cooperation which are specified under this Part.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of
national law, comply with requests by the Court to provide the following assistance in relation to
investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of
evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the
Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of
grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and
documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets
and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the
rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested
State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction
of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert
appearing before the Court that he or she will not be prosecuted, detained or subjected to any
restriction of personal freedom by the Court in respect of any act or omission that preceded the
departure of that person from the requested State.
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.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or
in part, only if the request concerns the production of any documents or disclosure of evidence
which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall
consider whether the assistance can be provided subject to specified conditions, or whether the
assistance can be provided at a later date or in an alternative manner, provided that if the Court or
the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide
by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the
Court or the Prosecutor of the reasons for such denial.
7. (a) The Court may request the temporary transfer of a person in custody for purposes
of identification or for obtaining testimony or other assistance. The person may be transferred if
the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that
State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the
transfer have been fulfilled, the Court shall return the person without delay to the requested State.
8. (a) The Court shall ensure the confidentiality of documents and information, except as
required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to
the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of
generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor,
subsequently consent to the disclosure of such documents or information. They may then be used
as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of
Procedure and Evidence.
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.
(ii) Failing that, competing requests shall be resolved in accordance with the
principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or
persons which are subject to the control of a third State or an international organization by virtue
of an international agreement, the requested States shall so inform the Court and the Court shall
direct its request to the third State or international organization.
10. (a) The Court may, upon request, cooperate with and provide assistance to a State
Party conducting an investigation into or trial in respect of conduct which constitutes a crime
within the jurisdiction of the Court or which constitutes a serious crime under the national law of
the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of
evidence obtained in the course of an investigation or a trial
conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained
with the assistance of a State, such transmission shall require the
consent of that State;
b. If the statements, documents or other types of evidence have been
provided by a witness or expert, such transmission shall be subject
to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for
assistance under this paragraph from a State which is not a Party to this Statute.