Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section E. Cooperation with international criminal tribunals
Denmark’s International Tribunals Act (1994) states:
1. Any offence covered by the Statute and the Rules of Procedure and Evidence of the International Tribunal for the Prosecution of Persons Responsible for War Crimes Committed in the Territory of Former Yugoslavia, cf. Annex 1 and Annex 2 hereof, may be prosecuted in Denmark in accordance with the provisions laid down in the legislation, and the said Statute and Rules of Procedure and Evidence.
3. No person against whom the Tribunal has instituted criminal proceedings may at the same time be subject to prosecution in this country for the same act.
Denmark’s ICC Act (2001) states:
1. The Statute of the International Criminal Court, cf. the annex to this law, shall apply in this country.
The Minister for Foreign Affairs may decide that the following provisions shall apply in this country:
1) The Rules of procedure and amendments thereto, cf. article 51 of the Statute.
2) The recommended descriptions of the content of crimes and amendments thereto, cf. article 9 of the Statute.
3) Amendments to the Statute provided they are adopted in accordance with articles 121–123 of the Statute.
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.
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.