While Article 86 opens Part 9 of the Statute on “International cooperation and judicial assistance” setting out the general obligation of States Parties to cooperate fully with the Court, Article 87 provides the general provisions for fulfilling this obligation. Requested States Parties have the obligation to respect the confidentiality of requests for cooperation and to treat any information received in such a way as to preserve the safety and well-being of victims, potential witnesses and members of their families (paragraphs 3 and 4). Article 87 also provides for the possibility for the Court to address requests for cooperation to any non-party State as well as intergovernmental organization (paragraphs 5-a and 6 respectively). Lastly, it deals with the situation where a State under an obligation to cooperate with the Court - either as a State party to the Statute or under any other appropriate basis – fails to comply with a request (paragraph 5 (b)). and 7). In this respect, it endows the Court with the power to make a finding to that effect and to refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.

ARTICLE 87. DEMANDES DE COOPERATION : DISPOSITIONS GENERALES

A Ciampi
2019-01-01

Abstract

While Article 86 opens Part 9 of the Statute on “International cooperation and judicial assistance” setting out the general obligation of States Parties to cooperate fully with the Court, Article 87 provides the general provisions for fulfilling this obligation. Requested States Parties have the obligation to respect the confidentiality of requests for cooperation and to treat any information received in such a way as to preserve the safety and well-being of victims, potential witnesses and members of their families (paragraphs 3 and 4). Article 87 also provides for the possibility for the Court to address requests for cooperation to any non-party State as well as intergovernmental organization (paragraphs 5-a and 6 respectively). Lastly, it deals with the situation where a State under an obligation to cooperate with the Court - either as a State party to the Statute or under any other appropriate basis – fails to comply with a request (paragraph 5 (b)). and 7). In this respect, it endows the Court with the power to make a finding to that effect and to refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.
978223300925-8
Coopération internationale ; coopération des Etats tiers ; non-exécution d’une demande de coopération ; renvoi du conseil de sécurité
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/1009054
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