Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section E. Cooperation with international criminal tribunals
Spain’s LOAC Manual (1996) states:
Historically … International Tribunals established to judge alleged war criminals have existed (such as the Nuremberg and Tokyo Tribunals), and this possibility remains nowadays and seems to be a developing trend for the action of the International Community, an example of which is the creation by the Security Council of … [the International Criminal Tribunal for the former Yugoslavia]. To cooperate with [this Tribunal], Spain has adopted Organic Law No. 15/94 of 1 June.
The manual further states:
The obligation devolving on the States to cooperate in the penal repression of grave breaches of the [1949 Geneva] Conventions is not limited to cooperation with other States but also comprises cooperation with the United Nations, in conformity with the United Nations Charter.
Spain’s LOAC Manual (2007) states: “Spain is party to the Rome Statute and has enacted organic law 18/2003 governing cooperation with the International Criminal Court.”
Spain’s Law on Cooperation with the ICTY (1994) states:
Spain will provide full cooperation to the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia (hereinafter “International Tribunal”) established by Resolution 827 (1993) of the Security Council of the United Nations.
Upon ratification of the 1998 ICC Statute, Spain stated:
In relation to article 87, paragraph 1, of the [1998 ICC] Statute, the Kingdom of Spain declares that, without prejudice to the fields of competence of the Ministry of Foreign Affairs, the Ministry of Justice shall be the competent authority to transmit requests for cooperation made by the Court or addressed to the Court.
In relation to article 87, paragraph 2, of the [1998 ICC] Statute, the Kingdom of Spain declares that requests for cooperation addressed to it by the Court and any supporting documents must be in Spanish or accompanied by a translation into Spanish.
The obligations under the Rome Statute of the International Criminal Court have been implemented in Swedish law. The Act on Cooperation with the International Criminal Court (2002:329) covers all forms of cooperation set forth in part 9 of the Rome Statute as well as enforcement of sentences, fines, forfeiture and reparation orders in accordance with part 10 of the Statute. The necessary legislation with respect to the privileges and immunities of the Court in accordance with the Statute and the Agreement on the Privileges and Immunities of the International Criminal Court, which Sweden ratified on 13 January 2005, is provided in the Act on Immunity and Privileges in Certain Cases (1976:661). In order to fully meet the obligations regarding offences against the administration of justice by the Court (art. 70 of the Statute), necessary amendments have been made in the Penal Code and in the Act on Cooperation with the International Criminal Court.
Holding perpetrators to account [for] grave violations against children continues to be rare … and yet is a crucial element towards protecting children’s rights … In those cases where national authorities are unwilling or unable to hold perpetrators to account, due to lack of capacity or resources for instance, international justice mechanisms, including through the work of the International Criminal Court, and ad hoc
and mixed tribunals, can and should play a complementary role.
A substantial achievement for the cause of justice during the reporting period was that Congolese war crimes suspect Bosco Ntaganda was the first person subject to an arrest warrant of the ICC to surrender himself to the Court. It was also positive to see that the USA and Rwanda – two non-States Parties – cooperated with the Court on this matter. Despite successes as this one, it is a cause for concern that the number of outstanding arrest warrants remains high. … States’ cooperation with the Court, including the Office of the Prosecutor must be better. States Parties have a legal obligation under the Rome Statute to co-operate fully with the Court. Therefore, we urge all States Parties to strengthen their efforts to execute the orders of the Court and to abstain from inviting and receiving suspects which are under an arrest warrant by the ICC [International Criminal Court]. All States must also fully comply with their obligations under the UN charter and with resolutions 1593 and 1970 of the Security Council concerning the situations in Darfur and Libya [and the referral of these situations to the Prosecutor of the ICC]. The government of Sudan and all other parties to the conflict in Darfur, as well as the Libyan authorities respectively, must cooperate fully with the Court and the Prosecutor.
… [T]he International Criminal Court was created to take up the cases when States were not able or willing to do so. I am sure that we all aim for a world where the ICC has become obsolete, but in today’s reality, an effective and independent ICC is needed and should be fully supported by all States.
Let me conclude by renewing our pledge that the Nordic countries will remain principal supporters of the International Criminal Court. We are committed to continue working for the Court’s effectiveness, professionalism, independence and integrity.