I BASIC PROVISIONS

Subject of the Law

Article 1

This Law shall govern the manner, the scope and the forms of co-operation between the state authorities of the Republic of Serbia and the International Criminal Court, including the providing of said Court with legal assistance, and the execution of decisions thereof, as well as characteristics of the procedure relating to criminal offences defined under Article 5 of the Statute of the International Criminal Court, i.e. with respect to criminal offences committed against humanity and other property protected under international law (Chapter XXXIV of the Criminal Code).

I BASIC PROVISIONS

Application of the Criminal Procedure Code and Other Regulations

Article 3

Provisions of the Criminal Procedure Code shall apply to proceedings against accused persons for criminal offences referred to in Article 1 of this Law and the procedure with respect to co-operation with the International Criminal Court, unless otherwise stipulated in said Law or any separate law.

I BASIC PROVISIONS

Competence for Co-operation with the International Criminal Court and for the Execution of Decisions Thereof

Article 4

Requests for co-operation with the International Criminal Court and for the execution of decisions thereof shall be transmitted to the Ministry of Justice (hereinafter: the Ministry), unless otherwise provided for under this Law.

Once it has established that the request mentioned in paragraph 1 of this Article contains required data set forth in the Statute, the Ministry shall transmit it to the competent state authority to proceed as provided for by this Law.

Should the Ministry establish that the request mentioned in paragraph 1 of said Article does not contain required data set forth in the Statute, it shall return it to the International Criminal Court for completion and/or corrigenda.

When co-operating with the International Criminal Court, the state authorities of the Republic of Serbia are obliged to proceed with particular urgency.

Subject matter and territorial jurisdiction of courts, public prosecutor's offices and other state authorities with respect to the procedure of co-operation with the International Criminal Court shall be defined in accordance with the rules of the Criminal Procedure Code, unless otherwise provided by this Law or any separate law.

I BASIC PROVISIONS

Application of Legislation of the Republic of Serbia

Article 7

Competent state authorities involved in co-operation with the International Criminal Court shall undertake actions in a manner provided for by laws and other legal precepts of the Republic of Serbia.
Provisions of this Law and other regulations implemented in the procedure of co-operation with the International Criminal Court shall be interpreted in accordance with the legal system of the Republic of Serbia, in a manner corresponding to the objectives and the meaning of the Statute.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

General Rules of Co-operation and Providing Legal Assistance

Article 14

Pursuant to Article 93 of the Statute, all state authorities shall co-operate through the Ministry to a full extent and in good faith with the International Criminal Court for the purposes of providing legal assistance to said Court, in order to prosecute persons charged with the criminal offences referred to in Article 1 of this Law.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

General Rules of Co-operation and Providing Legal Assistance

Article 14

Pursuant to Article 93 of the Statute, all state authorities shall co-operate through the Ministry to a full extent and in good faith with the International Criminal Court for the purposes of providing legal assistance to said Court, in order to prosecute persons charged with the criminal offences referred to in Article 1 of this Law.

The content of the letter rogatory for providing legal assistance transmitted by the International Criminal Court shall be considered classified and may be published, partially or in full, solely when it is indispensable for the purposes of the execution of the letter rogatory or for other particularly significant circumstances, with prior consent of the International Criminal Court.

In providing the International Criminal Court with legal assistance, the competent state authority shall also undertake actions which have not been specifically sought by the International Criminal Court to be implemented if the actions to be taken are directly linked with the objective of providing legal assistance or where it is necessary for the purposes of identifying the perpetrator of the criminal offence and the collecting of evidence required for the proceedings before the International Criminal Court, and should the collecting of evidence be prevented or significantly impeded.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Attendance of Representatives of the International Criminal Court

Article 15

The state authority undertaking the action to provide legal assistance at the request of the International Criminal Court shall permit representatives thereof to witness the implementation of the legal assistance action.

The representatives of the International Criminal Court witnessing the implementation of the legal assistance action may ask questions and make proposals, and they may be granted video or sound recording of the action upon written request containing rationale should it not hinder the implementation or be inconsistent with justified interests of the persons witnessing the action and/or with the objectives of the criminal proceeding.

At their request the International Criminal Court representatives shall be provided with a copy of the minutes, and/or a copy of the video and sound recording of the legal assistance action.

The International Criminal Court representatives may be exceptionally allowed to also witness an action which excludes the public pursuant to the provisions of the Criminal Procedure Code should it not be contrary to the reasons for which the public is excluded.

In the case referred to in paragraph 4 of this Article, the state authority implementing the action shall specifically bring to the attention of the witnesses their duty to keep all facts they have learnt during the action secret, also warning them about the consequences of disclosing the secret.

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Actions of International Criminal Court Representatives in the Territory of the Republic of Serbia

Article 16

By way of exception, at the request of the International Criminal Court, the International Criminal Court Representatives may be allowed to implement certain actions in the territory of the Republic of Serbia.

The actions undertaken from paragraph 1 of this Article must be witnessed by a person designated by the Minister competent for the judiciary.

The International Criminal Court Representatives shall not have the right to carry any weapons in the territory of the Republic of Serbia, and whilst undertaking the actions referred to in paragraph 1 of this Article they must not violate or limit any constitutional rights of the citizens of the Republic of Serbia or the rights relating to witnesses, court experts, suspects or accused persons from the Criminal Procedure Code.

The actions referred to in paragraph 1 of this Article must not be conducted in a coercive manner nor arrest may be resorted to relating to said actions or any other measure of procedural coercion .

III LEGAL ASSISTANCE TO THE INTERNATIONAL CRIMINAL COURT

Transfer of Criminal Jurisdiction to the Republic of Serbia

Article 19

The International Criminal Court Representatives shall have the right to witness all stages of the criminal proceeding conducted in the Republic of Serbia, and the competent court shall send them timely summonses to witness certain actions and attend the main trial.

The right of the International Criminal Court Representatives to attend may not be limited even where the court, in accordance with the rules of the Criminal Procedure Code, passes a ruling on excluding the public from the main trial. In such event, the International Criminal Court Representatives shall be specifically made aware of their duty to keep all facts they learnt during such trial as a secret.

The right of the International Criminal Court Representatives to witness evidence-related actions undertaken prior to the main trial or outside the main trial may be limited where the court is not able, due to objective difficulties, to notify in a timely manner the International Criminal Court Representatives on any action seeing possible deferral.

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.