ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 1: MUTUAL JUDICIAL ASSISTANCE

Article 627

(Ordinance no. 60-259 of 4 June 1959 art. 8 Official Journal of 8 June 1960)
(Act no. 2000-1354 of 30 December 2000 art. 28 Official Journal of 31 December 2000)
(Act no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

For the application of the International Criminal court statute of 18th July 1998, France takes part in the punishment of offences and co-operates with this court under the conditions determined by the present title.
The provisions which follow apply to any person prosecuted by the International Criminal Court or convicted by this court of acts which constitute genocide, crimes against humanity or war crimes, in the sense of articles 6 to 8 and 25 of the statute.

Article 627-1

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

Requests for mutual assistance issued by the International Criminal Court are sent to the competent authorities in accordance with article 87 of the statute. The original document or a certified copy may be sent, accompanied by supporting evidence.
These documents are sent to the district prosecutor of Paris, who takes appropriate action.
In urgent cases, these documents may be sent directly to him, by any available means. They are then sent on in the forms provided for in the previous paragraphs.

Article 627-2

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

Requests for mutual assistance are carried out, according to the case, by the district prosecutor or the investigating judge of Paris, who act on behalf of the whole French territory, if necessary in the presence of the prosecutor of the International Criminal Court or his representative, or any other person mentioned in the International Criminal Court’s request.
The official records made during the carrying out of these requests are sent to the International Criminal Court by the competent authorities, in accordance with article 87 of the statute.
In urgent cases, certified copies of the official records may be sent directly to the International Criminal Court. The official records are sent on afterwards in the forms provided for in the previous paragraphs.

Article 627-3

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

The implementation of the protective measures, described in section k of paragraph 1 of article 93 of the statute, over the whole of the French territory at the Treasury’s expense and in accordance with the methods set out in the new Code of Civil Procedure, is ordered by the district prosecutor of Paris. These measures may only remain in place for a maximum of two years. However, they may be renewed under the same conditions before the expiry of this period at the International Criminal Court’s request.

The district prosecutor of Paris transmits to the competent authorities, under article 87 of the statute, any difficulty relating to the execution of these measures, in order that the consultations provided for in articles 93, paragraph 3, and 97 of the statute may take place.

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.