Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
In 1968, during a debate in the Third Committee of the UN General Assembly on the question of the punishment of war criminals and of persons who have committed crimes against humanity, Austria stated that “it was a principle recognized in international law that States were not bound to consent to the extradition of their own nationals”.
Austria’s Law on Cooperation with the International Tribunals (1996) states:
The Austrian authorities, in particular the courts, the Public Prosecutor’s Office, the penal authorities and the security services obliged to cooperate extensively with the International Tribunal in accordance with the provisions of this Federal Law and within the framework of the United Nations Security Council resolutions and the Statute and Rules of Procedure of the International Tribunal. In particular, this obligation to cooperate entails providing the International Tribunal with information and documents available in Austria relating to the suspicion of violations which fall within its jurisdiction, affording it judicial assistance, committing accused persons and accepting convicted persons for the execution of a sentence.
Upon ratification of the 1998 ICC Statute, Austria declared:
Pursuant to article 87, paragraph 2 of the [1998 ICC] Statute the Republic of Austria declares that requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into the German language.