Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section E. Cooperation with international criminal tribunals
Italy’s Decree-Law on Cooperation with the ICTY (1993) states:
1. Italy shall co-operate with the International Tribunal in accordance with the provisions of the resolution, the statute and this decree.
2. The Minister of Justice shall be the authority competent to receive from the International Tribunal the requests for co-operation mentioned in the following articles and to give effect to such requests.
Italy’s Law on Cooperation with the ICTR (2002) states:
1. The Italian state shall cooperate with the International Tribunal in accordance with the provisions of the resolution, the statute and this law.
2. The authority which has the power to receive requests for cooperation from the International Tribunal specified by this law and act upon these shall be the Ministry of Justice.
In 1997, during plenary discussions in the UN General Assembly on a report of the International Criminal Tribunal for the former Yugoslavia (ICTY), Italy stated:
The greatest obstacle [to combat impunity of persons indicted by the ICTY] remains the failure by some States and entities in the former Yugoslavia to comply with their obligation to fully cooperate with the Tribunal, in particular with the Tribunal’s orders to arrest and deliver indicted persons to The Hague. This obligation was confirmed and reinforced by the 1995 Dayton Agreement. Italy is of the view that it must be met in the most complete and effective way. Respect for State authority cannot be adduced as a pretext for not cooperating with the Tribunal.
… Italy has consistently supported the activity of the Tribunal and will continue to do so in order to ensure its complete success.