Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Norway’s Law on the Incorporation of UN Resolutions on International Tribunals (1994) states:
Requests for extradition, other forms of legal aid and the like from 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 referred to as the Tribunal) shall be dealt with in accordance with the provisions of this Act. The provisions of the Act apply correspondingly to the international tribunal for the prosecution of persons responsible for serious violations of international law committed in Rwanda.
Norway’s ICC Act (2001) states:
Any request for the surrender of a person sought and other forms of assistance submitted by the International Criminal Court (the Court) in accordance with the Court’s Statute of 17 July 1998 (the Rome Statute) shall be dealt with in accordance with the provisions of this Act.
Such requests shall be submitted to the Ministry.
Requests from the Court shall be complied with in so far as the Rome Statute so provides.
Upon ratification of the 1998 ICC Statute, Norway stated:
1. With reference to Article 87, paragraph 1 (a) [of the 1998 ICC Statute], the Kingdom of Norway hereby declares that the Royal Ministry of Justice is designated as the channel for the transmission of requests from the Court.
2. With reference to Article 87, paragraph 2 [of the 1998 ICC Statute], the Kingdom of Norway hereby declares that requests from the Court and any documents supporting the request shall be submitted in English, which is one of the working languages of the Court.
In 2008, in a statement before the Sixth Committee of the UN General Assembly on the status of the 1977 Additional Protocols, made on behalf of Denmark, Finland, Iceland, Norway and Sweden, the representative of Sweden stated:
The International Criminal Court is of paramount importance in the quest for compliance with international humanitarian law and to end impunity for war crimes, crimes against humanity and genocide … It is … vital that contracting states, as well as other states obligated to do so, support and cooperate with the Court so that it can fulfil its tasks in full.
In 2010, in a statement before the UN Security Council on the promotion and strengthening of the rule of law in the maintenance of international peace and security, the permanent representative of Norway stated:
[W]e would like to acknowledge the crucial contributions of the international criminal tribunals and courts, in upholding justice and the rule of law. Through these institutions, both the UN and the international community have proven their ability to rise to the occasion and prevent impunity in the face of mass atrocities.
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.