¹ This Order ¹ Governs: ²

A.

Cooperation with the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by Council Resolution 827 (1993) Security of the United Nations and organized in accordance with its Statute, annexed to the said Resolution;

B.

Cooperation with the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Alleged Rwandan Citizens Responsible for such acts or violations committed in the territory of neighbouring States between 1 ^Er January and 31 December 1994, established by Resolution 955 (1994) of the United Nations Security Council and organized according to its Statute, annexed to the said Resolution.

² The Federal Council may extend the scope of this Order to cooperation with other international tribunals established by the United Nations Security Council to prosecute persons alleged to be responsible for violations Of international humanitarian law, if these courts have a status and competence similar to those enjoyed by the courts established by Resolutions 827 and 955. ³

Save as otherwise provided in this Order, the Federal Act of 20 March 1981 on International Mutual Assistance in Criminal Matters ¹ (Law on International Assistance in Criminal Matters) and the Order of 24 February 1982 on International Assistance in Criminal Matters ² Apply by analogy to cooperation with international tribunals.

¹ This Order regulates all modes of cooperation with international tribunals, including:

A.

The spontaneous transmission of information and evidence (art. 8);

B.

The divestment of the Swiss courts (Art. 9);

C.

The transfer of persons prosecuted (chap. 2);

D.

Acts of procedure and other official acts requested by international courts (other acts of mutual assistance) (chap. 3);

E.

The execution of deprivation of liberty by international courts (chap. 4).

² Art. 1, para. 3 and 4, and 2 to 8 of the International Mutual Assistance Act ¹ Are not applicable.

¹ Federal Office of Justice ¹ (Office) receives applications from international courts.

² It deals with requests for transfer of persons prosecuted and transmits to the competent authorities, for execution, applications concerning other acts of mutual assistance and the enforcement of custodial sentences; Art. 18, para. 2, is reserved.

³ It may entrust the partial or total execution of a procedure to the federal authority which would have jurisdiction if the offence had been committed in Switzerland.

⁴ Art. 17 of the International Mutual Assistance Assistance Act ² Is not applicable.

¹ The cantons co-operate in the execution of the procedure for the transfer of persons to international courts.

² They deal with the requests of the international courts concerning other acts of mutual assistance and carry out the execution of the custodial sentences handed down by the latter.

³ They carry out these tasks under the supervision of the Confederation.

⁴ They regulate the competence, organisation and management of their implementing authorities.

¹ The decisions of the first-instance implementing authorities can be appealed directly to the Court of Appeals of the Federal Criminal Court. ¹

² The Office has the right to appeal against the decision of the cantonal enforcement authority and against the decision of the Federal Criminal Court. ²

³ Art. 22 A Of the Federal Act of 20 December 1968 on administrative procedure ³ Concerning public holidays is not applicable. ⁴

⁴ The complaints court of the Federal Criminal Court is not bound by the parties' conclusions. ⁵

⁵ Art. 23 to 26 of the International Mutual Assistance Assistance Act ⁶ Are not applicable.

¹ If an international court expressly so requests, provisional measures may be ordered by the competent authority in order to maintain an existing situation, to protect threatened legal interests or to preserve evidence.

² Where there is a danger in the home and the information provided is sufficient to examine whether all the conditions are met, the Office may also order such measures upon the announcement of an application.

³ Appeals against decisions taken under paras. 1 and 2 do not have suspensory effect.

⁴ Art. 18 of the International Mutual Assistance Assistance Act ¹ Is not applicable.

¹ Through the Office, the criminal prosecution authority may voluntarily transmit to the relevant international court information and means of evidence which it has gathered during its own investigation, where it considers that such information is available to the court. Transmission is such as to:

A.

Allow for the opening of criminal proceedings;

B.

Facilitate the conduct of an ongoing investigation; or

C.

Make it possible to submit a request for assistance to Switzerland.

² The transmission referred to in para. 1 has no effect on criminal proceedings under way in Switzerland.

³ This Article shall not apply to evidence relating to the secret personal field.

¹ Where an international court requests that a Swiss court divest itself in its favour, the Office shall forward the application to the competent authority after examining the form's admissibility.

² The Military Court of Cassation or the competent ordinary criminal court shall render a decision to divest in favour of the International Tribunal if:

A.

The application relates to the same facts as those which are the subject of the criminal proceedings initiated in Switzerland, and

B.

The offence falls within the jurisdiction of the International Court.

³ Divestiture shall have the effects provided for in s. 89 of the International Mutual Assistance Assistance Act ¹ .

¹ Any person may be transferred to the relevant international court for the purposes of criminal prosecution if the application and attachments show that the offence:

A.

Falls within the jurisdiction of the International Court, and

B.

Is punishable under Swiss law.

² A Swiss citizen may be transferred to the international court concerned only if the latter gives the guarantee that he will be returned to Switzerland at the end of the proceedings.

³ Art. 35, para. 1, and 36 to 40 of the International Mutual Assistance Act ¹ Are not applicable.

Any person may be arrested for the purpose of transfer, either by virtue of an application by an international tribunal or by virtue of an international report in a research system.

¹ The Office shall grant an arrest warrant for the transfer of the person to the international court concerned. Art. 47, para. 1, of the Act on International Mutual Assistance ¹ Is not applicable.

² An appeal may be lodged before the Court of Appeals of the Federal Criminal Court within ten days of the written notification of the arrest warrant. The appeal shall not have suspensory effect unless ordered by the Court of Complaints or its President. ^{2 3}

¹ The Office shall decide on the transfer upon receipt of the request of an international tribunal. Art. 53 and 55, para. 2, of the Law on International Mutual Assistance ¹ Are not applicable.

² The decision of the Office may be appealed to the complaints court of the Federal Criminal Court. ²

³ ... ³

¹ Where an international tribunal has issued a warrant for arrest and transfer, the Office shall issue an arrest warrant and rule on the transfer in the same decision. Art. 47, para. 1, 53 and 55, para. 2, of the Law on International Mutual Assistance ¹ Are not applicable.

² The decision of the Office may be appealed to the complaints court of the Federal Criminal Court. ²

³ ... ³

¹ The Confederation pays the costs of detention and transfer to the International Court.

² The property of the person being continued may be allocated to cover the costs referred to in para. 1, unless they are to be handed over to the international court concerned.

¹ On the request of a State or an international court, the Office may authorize the transit of an inmate without a hearing.

² This authorization is not subject to appeal.

³ Art. 71 of the International Mutual Assistance Assistance Act ¹ Is not applicable.

¹ To the exclusion of any other condition, mutual assistance shall be granted if it is apparent from the application and the attachments that the offence:

A.

Falls within the jurisdiction of an international tribunal, and

B.

Is punishable under Swiss law, if the measures requested by an international court involve the constraint provided for by the right of procedure.

² Art. 66 and 67 of the International Mutual Assistance Assistance Act ¹ Are not applicable.

¹ The Office examines whether the application is admissible as to form and then forwards it to the competent executing authority.

² It may itself decide on the eligibility of self-help and enforcement:

A.

In complex cases or of particular importance, or

B.

Where the application requires investigations in several cantons.

³ If an application requires investigations in several cantons or also concerns a federal authority, the Office may entrust the execution to a single authority. This designation is not subject to appeal. Art. 356 to 359 of the Penal Code ¹ Are applicable by analogy. ²

¹ The implementing authority shall act summarily on the admissibility of the application.

² In the cases provided for in Art. 18, para. 2, the cantonal or federal authority shall take the measures ordered by the Office, without making any substantive procedural acts. Where the executing authority considers that the application has been processed, it shall forward the acts to the Office. It examines whether the application has been completed in a complete manner and in the required forms and, if necessary, returns the file to the executing authority for completeness.

³ Art. 79, para. 3 ¹ , third sentence, of the Law on International Mutual Assistance ² Is not applicable.

¹ When the executing authority has finished processing the application, it makes a decision on the grant and extent of the assistance. In the cases provided for in Art. 18, para. 2, this decision belongs to the Office.

² Art. 83 of the International Mutual Assistance Assistance Act ¹ Is not applicable.

¹ The executing authority shall bear the costs of processing the request for assistance.

² Art. 84 of the International Mutual Assistance Assistance Act ¹ Is not applicable.

¹ Under the conditions set out in Art. 17, the Federal Department of Justice and Police may authorise the prosecutor of the international court concerned, if he so requests, to carry out acts of inquiry on Swiss territory.

² This authorisation shall be granted after consultation with the cantonal authorities concerned.

The acts of procedure and judicial decisions of the international courts may be notified directly by post to their addressee in Switzerland.

¹ The decision of the cantonal or federal enforcement authority relating to the closure of the mutual aid procedure and, together with the incidental decisions, may be appealed to the Court of Justice. ¹

² In the event of immediate and irreparable harm, incidental decisions may be appealed to the Federal Criminal Court's complaints court. ²

¹ Quality to use:

A.

The Office;

B.

Any person who is personally and directly affected by a self-help measure and has an interest worthy of protection that it be cancelled or amended.

² Art. 21, para. 3, of the Law on International Mutual Assistance ¹ Is not applicable.

¹ The appeal may be filed for breach of federal law, including excess or abuse of the discretion.

² The grounds for appeal provided for in the cantonal procedural law are reserved.

The period of appeal against the closing decision shall be 20 days from the written notice of the decision; if it is an incidental decision within the meaning of Art. 24, para. 2, this period is ten days.

¹ The appeal shall have suspensory effect only if it is the subject of the closing decision or any other decision authorizing either the transmission to the relevant international court of information concerning the secret domain or the transfer of objects or Values. ¹

² Incidental decisions are immediately enforceable.

³ The complaints court of the Federal Criminal Court may grant a suspensive effect to the decisions referred to in para. 2 if the right holder makes it likely that the damage is immediate and irreparable. ²

¹ A final and binding decision of an international tribunal may be executed in Switzerland, on its request, if:

A.

The convicted person usually resides in Switzerland, and

B.

The conviction relates to an offence which, committed in Switzerland, would be punishable.

² The final and binding decision of an international court against a Swiss national shall be executed in Switzerland if the convicted person so requests.

³ Art. 94, para. 1, 3, and 4 ¹ , 95, 96, let. B and c, and 99 of the International Mutual Assistance Act ² Are not applicable.

¹ The Office shall, after consultation with the implementing authority, decide upon the request of the relevant international court.

² If the applicant accepts the application, it forwards the file to the executing authority and informs the international court.

³ Art. 104, para. 2, of the Law on International Mutual Assistance ¹ Is not applicable.

¹ The sanction fixed in the course of the enforcement proceedings by the competent judge pursuant to Art. 342 of the Penal Code ¹ Is executed in accordance with Swiss law. ²

² At the request of the relevant international court, the Office shall provide it with any information on the enforcement of the sanction.

If the convicted person files an appeal, the competent authority shall forward it with any relevant part, through the Office, to the relevant international court.

The Confederation shall bear the costs of enforcement of the sanction.