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Scope Of The Rome Statute Of The International Criminal Court

Original Language Title: Geltungsbereich des Römischen Statuts des Internationalen Strafgerichtshofs

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203. Presentation of the Federal Chancellor concerning the scope of the Rome Statute of the International Criminal Court

According to the Communications of the Secretary-General of the United Nations, the following States have their instruments of ratification, acceptance or approval. Accession documents to the Rome Statute of the International Criminal Court (BGBl. (III) No 180/2002):

States:

Date of deposit of the

Ratification, adoption-

or Certificate of Accession:

Afghanistan

10 February 2003

Albania

31 January 2003

Barbados

10 December 2002

Burkina Faso

16 April 2004

Burundi

21 September 2004

Dominican Republic

12 May 2005

Djibouti

5 November 2002

Georgia

5 September 2003

Guinea

14 July 2003

Kenya

15 March 2005

Colombia

5 August 2002

Congo

3 May 2004

Republic of Korea

13 November 2002

Liberia

22 September 2004

Lithuania

12 May 2003

Malawi

19 September 2002

Malta

29 November 2002

Mexico

28 October 2005

Zambia

13 November 2002

Samoa

16 September 2002

Saint Vincent and the Grenadines

3 December 2002

United Republic of Tanzania

20 August 2002

Timor-Leste

6 September 2002

The following States have adopted their instruments of ratification, acceptance or approval. The following declarations were made:

Albania:

According to Art. 87 (1) (lit). (a) Albania declares that the request of the Court of Justice should be sent by diplomatic means to the Ministry of Justice, Department of International Cooperation in the field of Justice.

With regard to Article 87 (2), it is stated that requests for cooperation and all documents accompanying the explanatory statement must be written in Albanian language and in one of the working languages of the Court of Justice, English or French.

Georgia:

In accordance with Article 87 (2) of the Rome Statute, any request for cooperation or additional documents in the Georgian language or the corresponding translation shall be drawn up.

Colombia:

The Colombian Government declares, in accordance with Art. 87 (1) (lit). (a) and (2) of the Staff Regulations, that requests for cooperation and all documents accompanying the explanatory statement must be written in the Spanish language. The Embassy of Colombia in the Kingdom of the Netherlands shall be designated as the competent authority for the transmission of requests.

Lithuania:

In accordance with Article 87 (1) of the Staff Regulations, the Republic of Lithuania declares that requests from the Court of Justice for cooperation may be sent directly to the Ministry of Justice or the Prosecutor General's Office of the Republic of Lithuania.

Malta:

Malta states in respect of Article 20 (3) (lit). (a) and (b) the Statute that, in accordance with its Constitution, no person who can prove that he has been convicted or acquitted by a competent court for a criminal offence has recently been charged with such a criminal offence or of any other offence which has been committed; it could have been convicted on the occasion of the judicial procedure for the first offence, except as a result of an order by a higher court in the context of the appeal proceedings with regard to the conviction or acquitting of the acquitted, brought to justice , and no person may be prosecuted for a criminal offence if: can prove that you were punished for the punishment.

It is considered that, in accordance with the general principles of law, a procedure as in Article 20 (3) (3) (3). (a) and (b) of the Staff Regulations would be deemed null and void and would therefore not be considered in the application of the above-mentioned constitutional provision. However, this question has never been the subject of a decision before the Maltese courts.

The right of pardon in Malta shall be exercised only in accordance with its obligations under international law, including those under this Statute.

Malta declares, in accordance with Article 87 (2) of the Staff Regulations, that requests for cooperation and all documents accompanying its explanatory statement must be written in English or, where necessary, accompanied by a translation into English.

Mexico:

According to Art. 87 (1) (lit). In the Staff Regulations, Mexico declares that the request of the Court of Justice should be sent by diplomatic means to the Ministry of Foreign Affairs.

Requests for cooperation pursuant to paragraph 2 of this Article and any documents accompanying the cooperation shall be drawn up in the Spanish language or accompanied by a translation into Spanish.

Samoa:

The Government of Samoa shares pursuant to Article 87 (1) (lit). (a) and (2) of the Staff Regulations, that the Permanent Representation of Samoa to the United Nations shall be designated as the competent authority for communication between the Contracting Parties and the Court of Justice, and English shall be elected as the language.

Timor-Leste:

In accordance with Article 87 (2), English is intended as the official language for communication between the Court of Justice and the Government of the Democratic Republic of East Timor.

According to other communications from the Secretary-General of the United Nations, the following states have made the following statements in accordance with Article 87 of the Rome Statute:

Argentina:

According to Art. 87 (1) (lit). In the Statute, the Argentine Government declares that it will choose the diplomatic route for communication with the Court of Justice. Notices of the International Criminal Court shall be sent to the Embassy of the Argentine Republic in The Hague, which shall forward it to the Ministry of Foreign Affairs and International Trade, which shall inform the competent authorities of the authorities, if necessary.

Australia:

In relation to Art. 87 (1) (lit). In the Staff Regulations, the Australian Government shall designate the Australian Embassy in the Netherlands as the competent authority for the transmission of requests for cooperation under this Article.

With regard to Article 87 (2), it is stated that requests for cooperation in accordance with this article must be written in English or accompanied by a translation into English.

France:

Declaration pursuant to Art. 87 (1) and (2):

The transmission of communications between France and the Court of Justice has to be carried out diplomatically via the Embassy of France in The Hague. Requests for cooperation between the Court of Justice shall be made in the original or in the form of certified copies, following the documents accompanying the statement of reasons. In urgent cases such documents may be sent to the Attorney General (Procureur de la République) for Paris. After that, they must be transmitted through diplomatic means.

Greece:

The Hellenic Republic declares, in accordance with Art. 87 (1) (lit). (a) the Statute that, pending a further notification, the Court of Justice should request cooperation on a diplomatic path.

In accordance with Article 87 (2) of the Staff Regulations, the Hellenic Republic shall declare that requests for cooperation and all documents accompanying its explanatory statement must be accompanied by a translation into the Greek.

Honduras:

According to Art. 87 (1) (lit). (a) The Republic of Honduras shall designate the Ministry of the Interior and Justice as the competent authority for the transmission of requests for cooperation.

In accordance with Article 87 (2) of the Staff Regulations, it is stated that requests for cooperation and all documents accompanying it must be drawn up in the Spanish language or accompanied by a translation into Spanish.

With regard to Article 103, the Republic of Honduras declares its readiness to take on persons convicted by the Court of Justice, if these persons are nationals of Honduras, the Court of Justice of the Court of Justice's cases in accordance with Article 21 (1) (lit). (c) and the duration of the penalty shall be equal to or less than the maximum penalty provided for in the case of Honduran law for the offence which they have been convicted of.

Iceland:

According to Art. 87 (1) (lit). In the Staff Regulations, Iceland shall designate the Ministry of Justice as the competent authority for the transmission of requests from the Court of Justice.

In accordance with Article 87 (2) of the Staff Regulations, it is stated that the request of the Court of Justice for cooperation and all documents accompanying its explanatory statement must be sent in English, one of the working languages of the Court of Justice.

Italy:

In accordance with Article 87 (1) and (2), Italy requests that the request for cooperation provided for in Article 87 of the Staff Regulations be transmitted by diplomatic means. These requests and the relevant documents shall be submitted in Italian with the addition of a French translation.

Croatia:

In accordance with Article 87 (1) of the Staff Regulations, Croatia declares that a request from the Court of Justice should be sent to the Ministry of Justice, Department for Cooperation with the International Court of Justice.

In accordance with Article 87 (2) of the Staff Regulations, it is stated that requests for cooperation and all documents attached to the explanatory statement must be written in Croatian language or accompanied by a translation into English.

Lesotho:

According to Art. 87 (1) (lit). (a) and (2) of the Staff Regulations are to be made diplomatic with regard to the Kingdom of Lesotho and to all documents annexed to its explanatory memo; this is the Ministry of Foreign Affairs of the Kingdom of Lesotho, the communication has to be done in English.

Luxembourg:

According to Art. 87 (1) (lit). (a) and (2), the Government of the Grand Duchy of Luxembourg elects French as a language; the embassy of the Grand Duchy of Luxembourg in The Hague is the most appropriate place for communication with the Court of Justice.

Mali:

According to Art. 87 (1) (lit). (a) and (2) of the Staff Regulations, the Government of Mali declares that a request for cooperation in French shall be made on a diplomatic path.

Marshal Islands:

Declaration pursuant to Art. 87 (1) and (2):

The Permanent Representation of the Marshall Islands to the United Nations shall be designated as the competent authority for communication between the Court of Justice and the Contracting Parties, and English shall be elected as the language.

the former Yugoslav Republic of Macedonia:

According to Art. 87 (1) (lit). (a) The Staff Regulations shall declare that the request of the Court of Justice to cooperate in a diplomatic way or directly to the Ministry of Justice, the body responsible for receiving such requests, shall be sent.

In accordance with Article 87 (2) of the Staff Regulations, it is stated that requests for cooperation and all documents attached to their explanatory statement must be submitted either in Macedonian or English language.

Namibia:

According to Art. 87 (1) (lit). (a) the Republic of Namibia shall designate the diplomatic path or permanent secretary of the Ministry of Justice of the Government of the Republic of Namibia as the competent body responsible for communication.

With regard to Article 87 (2) of the Staff Regulations, the Republic of Namibia declares that all requests for cooperation and all documents accompanying its explanatory statement must be written in English or accompanied by a translation into English.

New Zealand:

According to Art. 87 (1) (lit). (a) and (2) of the Staff Regulations, the Government of New Zealand shall inform the Government of New Zealand's embassy in The Hague for its communication with the Court of Justice and shall designate English as the preferred language for communication.

Netherlands:

According to Art. 87 (1) (lit). (a) and (2) of the Staff Regulations, the Kingdom of the Netherlands shall designate English as the language for the communication and the Ministry of Justice (Office for Mutual Legal Assistance in Criminal Matters) as the national authority responsible for receiving communications.

Panama:

Declaration pursuant to Art. 87 (1) and (2):

Request for cooperation of the Court of Justice in Panama pursuant to Art. 87 (1) (lit). The Staff Regulations must be established in a diplomatic way.

Requests for cooperation pursuant to paragraph 2 of this Article and any documents accompanying the cooperation shall be drawn up in the Spanish language or accompanied by a translation into Spanish.

Peru:

Declaration pursuant to Art. 87 (1) and (2):

The Ministry of Foreign Affairs of Peru, represented by the embassy of Peru in the Kingdom of the Netherlands, is designated as the competent authority for communication with the Court of Justice; requests for cooperation of the Court of Justice in Peru have to be made in Spanish or be accompanied by a translation into Spanish.

Sierra Leone:

Declaration pursuant to Art. 87 (1) and (2):

The Permanent Representation of Sierra Leone to the United Nations shall remain the body responsible for communication between Sierra Leone as a Contracting Party and the Court of Justice, and English shall be elected as the language.

Uruguay:

In accordance with Article 87 (1) of the Staff Regulations, the Government of the Republic of Uruguay shall designate the Ministry of Foreign Affairs as the competent authority for communication with the Court of Justice.

According to a further note by the Secretary-General of the United Nations, Denmark has 1. The Council extended the scope of the Staff Regulations to Greenland in October 2004.

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