Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
In the decision in the trial of first instance in the Cavallo case
in 2001, a Mexican court allowed the extradition, on the request of a Spanish judge, of Ricardo Miguel Cavallo, a former military officer of Argentine citizenship charged with committing acts of genocide, torture and terrorism during the 1976–1983 “dirty war” in Argentina. The Court’s decision was based, inter alia
, on the principle of universal jurisdiction.
In 2001, with regard to the Cavallo case, the Mexican Foreign Relations Secretariat issued a directive on this matter, stating:
Based on Article 28, part XI, of the Federal Public Administration Law and in conformity with articles 30 of the International Law of Extradition, and articles 1, 9, 14 and 25 of the Treaty of Extradition and Mutual Assistance on Criminal Matters between the United Mexican States and the Kingdom of Spain, it is resolved: … to grant the extradition of the individual in question, Ricardo Miguel Cavallo, known as Miguel Angel Cavallo, requested by the government of Spain through its embassy in Mexico, to face charges of genocide, torture and terrorism.
In 2009, during the assembly of the States Parties to the 1998 ICC Statute, the representative of Mexico stated:
There is still much to do in order to ensure that the [International Criminal] Court is the efficient and effective tool for the fight against impunity that we envisaged in Rome in 1998. In the views of my delegation, the Court cannot be fully successful unless it can count on States’ commitments and support. Therefore, Mexico wishes to emphasize the urgent need for States to cooperate with the Court in accordance with their international obligations, including by fully complying with and carrying out all of the Court’s orders so that this judicial institution can comply efficiently and effectively with the mandate that it was given.
In 2009, during a debate in the UN Security Council on the Sudan, the permanent representative of Mexico stated:
The international community and the Security Council cannot remain passive in the face of situations such as that in Darfur, which to date has led up to 300,000 deaths and at least 2.5 million displaced people. Mexico therefore reiterates its call to the Security Council to demand … that it cooperate without delay with the International Criminal Court, that it undertake concrete actions to put an end to the escalation of violence and impunity in Darfur.
In 2010, during the general debate of the Review Conference of the 1998 ICC Statute, the Undersecretary for Foreign Affairs of Mexico stated:
At the internal level, we have fully assumed our obligation to cooperate with the [International Criminal] Court, responding in a timely and concise manner to all of its cooperation requests.
In this sense, it is my pleasure to announce that, last December, the Mexican Senate approved the draft Law for Cooperation with the International Criminal Court
. Once approved by the Chamber of Deputies, such law will grant the national authorities the necessary faculties to attend all types of cooperation requests foreseen in the  Rome Statute.
In 2010, during a debate in the UN General Assembly on the Report of the International Criminal Court, the legal adviser of Mexico’s Ministry of Foreign Affairs stated:
[I]t is important to stress that refusal to cooperate with the [International Criminal] Court amounts to a clear violation of international obligations under the  Rome Statute and, in certain circumstances, the [1945 UN] Charter itself. Non-cooperation thus requires that tough measures be taken by the Assembly of States Parties [to the Rome Statute] and, in some cases, by the Security Council. In that regard, Mexico considers it urgent to develop mechanisms that can effectively implement the provisions set out in article 87, paragraph 7, of the Statute.
In 2010, during the assembly of the States Parties to the 1998 ICC Statute, the representative of Mexico stated:
Among the events with most impact on the work of the [International Criminal] Court, there are those related to lack of cooperation. In May , the Court issued for the first time a formal decision informing the UN Security Council about the lack of cooperation of one State. It was followed, in August, by two notifications to such organ and to this Assembly regarding similar conducts by two States Parties.
Mexico reiterates its deep concern regarding the refusal of some States to cooperate with the International Criminal Court, in clear violation of the international obligations derived from the  Rome Statute and, in certain cases, from the UN Charter. The international community cannot and should not remain oblivious to these manifest breaches, the sole purpose of which is to prolong impunity of the authors of the most serious crimes of international concern.
My delegation considers that these recent events evidence the urgent need for the Assembly to initiate, as soon as possible, a reflection on the tools or mechanisms that it requires in order to adopt measures in response of States’ lack of cooperation, so that its faculties set forth in articles 87.7 and 112.2 of the Rome Statute become fully effective.