'Contents of request - national law requirements' in document 'Belgium Cooperation Act 2004'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPITRE V
OTHER FORMS OF COOPERATION

SECTION II
FORM AND CONTENTS OF REQUESTS FOR ASSISTANCE


Article 23

In accordance with article 96, paragraph 2 of the Statute, the request shall contain or be supported by the following:

(1) a concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;

(2) as much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;

(3) a concise statement of the essential facts underlying the request;

(4) the reasons for and details of any procedure or requirement to be followed;

(5) such information as may be required under Belgian law in order to execute the request;

(6) any other information relevant in order for the assistance sought to be provided.

RELEVANT ROME STATUTE PROVISIONS

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.