Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Finland’s ICTY Jurisdiction and Legal Assistance Act (1994) states:
For the purpose of implementing the obligations based on resolution No 827 (1993) of the United Nations’ Security Council, relating to the creation of an International Tribunal (Tribunal) for the prosecution of persons responsible for crimes committed in the territory of the former Yugoslavia and on the Statute of the Tribunal adopted by the resolution, this Act shall govern:
1) the exercise of jurisdiction by the Tribunal and by Finnish courts;
2) the recognition and enforcement in Finland of decisions made by the Tribunal;
3) the surrender of offenders in a matter falling within the jurisdiction of the
Tribunal; as well as
4) other international legal assistance to the Tribunal and cooperation between the Tribunal and Finnish courts and other competent authorities.
Finland’s ICC Act (2000) states:
The provisions of the Statute of the International Criminal Court, done at Rome on 17 July 1998, insofar as they are of a legislative nature, shall be in force as applicable law in accordance with the commitments of Finland.
Upon ratification of the 1998 ICC Statute, Finland stated:
Pursuant to article 87 (1) (a) of the [1998 ICC] Statute, the Republic of Finland declares that requests for cooperation shall be transmitted either through the diplomatic channel or directly to the Ministry of Justice, which is the authority competent to receive such requests. The Court may also, if need be, enter into direct contact with other competent authorities of Finland. In matters relating to requests for surrender the Ministry of Justice is the only competent authority.
Pursuant to article 87 (2) of the [1998 ICC] Statute, the Republic of Finland declares that requests from the Court and any documents supporting such requests shall be submitted either in Finnish or Swedish, which are the official languages of Finland, or in English which is one of the working languages of the 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.