Rs 351.20 Humanitarian Act Of 21 December 1995 On Cooperation With The International Tribunals Responsible For Serious Violations Of International Law

Original Language Title: RS 351.20 Loi fédérale du 21 décembre 1995 relative à la coopération avec les tribunaux internationaux chargés de poursuivre les violations graves du droit international humanitaire

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351.20 federal law on cooperation with the international tribunals to continue serious violations of international humanitarian law of 21 December 1995 (Status January 1, 2014) the Federal Assembly of the Swiss Confederation, considering the jurisdiction of the Federal Government in Foreign Affairs, saw the message of the federal Council of 18 October 1995, stop: Chapter 1 provisions General Section 1 scope of application art. 1 purpose this order regulates: a. the cooperation with the international Tribunal to judge persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, established by Resolution 827 (1993) of the Security Council of the United Nations and organized according to its status, annex to the Resolution; b. cooperation with the international Tribunal to try persons presumed responsible for acts of genocide or other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens presumed responsible for such acts or violations committed in the territory of neighbouring States between 1 January and 31 December 1994, established by Resolution 955 (1994) of the Security Council of the United Nations and organised according to its Statute, annexed to the Resolution.

The federal Council may extend the scope of this order to the cooperation with other international tribunals established by the United Nations Security Council to try those responsible for serious violations of international humanitarian law, if these courts have a status and skills similar to those enjoyed by the courts established by the Resolutions 827 and 955.

Become LF (art. 163, para. 1, Cst.;) (RS 101); valid for the whole of the text.
New content according to chapter I of the Federal ACT of June 13, 2008, in force since Jan. 1. 2009 (RO 2008 4611; FF 2007 7099).
See O on Feb 12. 2003 on the extension to the special court for Sierra Leone (RS 351.201.11) and 8 June 2012 on the extension to the international mechanism to the residual duties of the criminal courts (RS 351.201.12).

Art. 2 relation to the legislation on international criminal assistance unless otherwise provided in this order, the Federal Act of 20 March 1981 on international criminal assistance in criminal matters (law on international criminal assistance) and the Ordinance of February 24, 1982, on international criminal assistance apply by analogy to the cooperation with the international tribunals.

RS 351.1 SR 351.11 art. 3 scope of cooperation this order regulates all modes of cooperation with the international tribunals, including: a. the spontaneous transmission of information and of evidence (art. 8); (b) the divestiture of the Swiss (art. 9) jurisdictions; (c) the transfer of accused persons (Chapter 2); d. legal proceedings and other official acts requested by the international tribunals (other acts of mutual assistance) (chap. 3); e. execution of the custodial sentences handed down by the international tribunals) (see Chapter 4).

The art. 1, al. 3 and 4, and 2 to 8 of the Act on international criminal assistance shall not apply.

RS 351.1 Section 2 Procedure in Switzerland art. 4 authorities Federal the federal Office of justice (office) receives applications for the international tribunals.
It processes applications for the transfer of accused persons and forward to the competent authorities for execution requests for other acts of mutual assistance and execution of the custodial sentences; art. 18, al. 2, is reserved.
It can perform partial or complete a procedure to the federal authority which would be competent if the offence had been committed in Switzerland.
Art. 17 of the Act on international criminal assistance is not applicable.

The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1).
RS 351.1 art. 5 cantonal authorities the cantons work execution of transfer procedure of people prosecuted for international tribunals.
They deal with applications of the international tribunals for other acts of mutual aid and carry out execution of the custodial sentences handed down by the latter.
They carry out these tasks under the supervision of the Confederation.
They regulate the jurisdiction, organization and management of their enforcement authorities.

Art. 6 channels of appeal decisions of the first instance enforcement authorities can directly subject to an appeal before the Court of complaints of the federal criminal court.
UNRWA has entitlement to appeal against the decision of the cantonal authority against the decision of the federal criminal court and execution.
Art. 22a of the Federal Act of 20 December 1968 on administrative procedure concerning the public holidays is not applicable.
The Court of complaints of the federal criminal court is not bound by the conclusions of the parties.
The art. 23 to 26 of the Act on international criminal assistance are not applicable.

New content according to chapter 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
New content according to chapter 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
RS 172.021 new content according to chapter 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
New content according to chapter 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
RS 351.1. Currently: art. 25 and 26.

Art. 7 interim measures if an international tribunal requested specifically, provisional measures may be ordered by the competent authority to maintain an existing situation, protecting endangered legal interests or preserve evidence.
When there is danger in delay, and the information provided allows to examine if all conditions are met, the Agency may also order such measures as soon as the request.
Appeals against decisions taken by virtue of the al. 1 and 2 have no suspensive effect.
Art. 18 of the Act on international criminal assistance is not applicable.

RS 351.1 Section 3 provisions special art. 8 spontaneous information and evidence to the tribunals by the intermediary of the office, the criminal prosecution authority may forward spontaneously to the concerned international tribunal information and evidence it has gathered during its own investigation, where it considers that this transmission is likely to: a. enable to open a criminal proceeding; (b) facilitate the conduct of an investigation in progress. OUC. to submit a request for assistance to the Switzerland.

The transmission referred to in para. 1 has no effect on the ongoing criminal proceedings in Switzerland.
This section does not apply to the means of evidence affecting the secret personal domain.

Art. 9 relinquishment in favour of international tribunals when an international tribunal requests that a Swiss court giving up in his favour, the office forwards the request to the competent authority after examining the admissibility of form.
The military court of cassation or ordinary criminal jurisdiction makes a decision of divestiture for the international tribunal if: a. the request is the same facts as those which are the subject of the criminal proceedings in Switzerland, etb. the offence falls within the jurisdiction of the international tribunal.

The divestiture has the effect provided for in art. 89 of the law on international criminal assistance.

RS 351.1 Chapter 2 transfer of people prosecuted for international tribunals Section 1 Conditions art. 10. any person may be transferred to the international tribunal concerned for the purposes of criminal prosecution if it appears demand and parts joined the offence: a. falls within the competence of the international tribunal, etb. is punishable under Swiss law.

A Swiss citizen cannot be transferred to the international tribunal if the latter give the guarantee that it will be returned to Switzerland at the end of the procedure.
The art. 35, al. 1, and 36 to 40 of the Act on mutual criminal assistance international are not applicable.

RS 351.1 Section 2 Procedure art. 11 arrest any person can be arrested for the purpose of transfer, either under a request for an international tribunal, or under an international alert in a search system.

Art. 12 arrest warrant the Agency awards a warrant of arrest for the purpose of transfer of the accused to the international tribunal. Art. 47, al. 1, of the Act on international criminal assistance is not applicable.
An appeal may be lodged with the Court of complaints of the federal criminal court within a period of ten days upon written notification of the arrest warrant. The appeal has no suspensive effect unless order the Court of complaints or its president. 

RS 351.1 new content of the sentence according to section 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

New content according to section 15 of the annex to the Federal ACT of 4 October. 2002 on the TPF, in force since April 1, 2004 (RO 2003 2133; FF 2001-4000).

Art. 13 decision to transfer the Agency shall decide on the transfer upon receipt of the request for an international tribunal. The art. 53-55, al. 2, of the Act on international criminal assistance are not applicable.
The Agency's decision can be appealed to the Court of complaints of the federal criminal court.


RS 351.1 new content according to chapter 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
Repealed by no 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, with effect from Jan 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 14 decision to arrest and transfer when an international court handed him a warrant for the purpose of arrest and transfer, the office awarded an arrest warrant and decide the transfer within the same decision. The art. 47, al. 1, 53-55, al. 2, of the Act on international criminal assistance are not applicable.
The Agency's decision can be appealed to the Court of complaints of the federal criminal court.


RS 351.1 new content according to chapter 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
Repealed by no 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, with effect from Jan 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 15 charges the Confederation pays the cost of detention and transfer to the international tribunal.
The property of the accused person can be assigned to cover the costs referred to in para. 1, unless they must be handed over to the international tribunal concerned.

Section 3 Transit art. 16. at the request of a State or of an international tribunal, the office may authorize the transit of a prisoner without his hearing.
This authorization is not subject to appeal.
Art. 71 of the law on international criminal assistance is not applicable.

RS 351.1. Currently: art. 20 a. Chapter 3 other acts self-help Section 1 Conditions art. 17A the exclusion of any other conditions, mutual assistance is granted if it appears demand and parts joined the offence: a. falls within the jurisdiction of an international tribunal, etb. is punishable under Swiss law, if the measures requested by an international tribunal involve coercion provided for by procedural law.

The art. 66 and 67 of the Act on international criminal assistance shall not apply.

RS 351.1 Section 2 processing the request art. 18 responsibilities of the office the office examines whether the claim is admissible as to the form, and then forwards it to the competent enforcement authority.
It can decide itself on the admissibility of assistance and execution: a. in complex cases or particularly important, forgotten the source. If the application requires investigations in several cantons.

If a request requires investigations in several cantons or she applies to a federal authority, the office may entrust execution to a single authority. This designation is not subject to appeal. The art. 356 to 359 of the criminal code are applicable by analogy.

RS 311.0 new content of the sentence according to chapter I of the Federal ACT of June 13, 2008, in force since Jan. 1. 2009 (RO 2008 4611; FF 2007 7099).

Art. 19 powers of the enforcement authority executing statue summary way on the admissibility of the application.
In the cases provided for by art. 18, al. 2, cantonal or federal authority shall take the measures ordered by the Agency, without acts of proceedings on the merits. When the enforcement authority is estimated to have processed the request, it sends acts to the office. It examines if the request has been performed comprehensively and in the required forms and returns, if necessary, the matter to the enforcement authority so that it complements.
Art. 79, al. 3, third sentence, of the Act on international criminal assistance is not applicable.

This paragraph now has a new content.
RS 351.1 art. 20 closing of the mutual assistance procedure when the enforcement authority has completed the request, she makes a decision on granting and the scope of mutual assistance. In the cases provided for by art. 18, al. 2, this decision is up to the Agency.
Art. 83 of the law on international criminal assistance is not applicable.

RS 351.1. Currently: art. 80 d. art. 21 charges the enforcement authority shall assume the expenses of treatment of the request for assistance.
Art. 84 of the Act on international criminal assistance is not applicable.

RS 351.1. Currently: art. q. 80, Section 3 acts of special support art. 22 investigative action on Swiss territory to the conditions provided for in art. 17, the federal Department of justice and police may authorize the Prosecutor of the international tribunal, if asked, to carry out acts of instruction on Swiss territory.
This permission is granted after consultation with the relevant cantonal authorities.

Art. 23 direct notification of pleadings and court decisions of international tribunals may be notified directly by post to their recipient in Switzerland.

Section 4 legal remedies art. 24 decisions subject to appeal can be appealed before the Court of complaints of the federal criminal court the decision of the cantonal or federal authority delivery relative to the fence of the mutual assistance procedure and, jointly, the obiter decisions.
In case of immediate and irreparable damage, incidental decisions may subject to an appeal to the Court of complaints of the federal criminal court.

New content according to chapter 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
New content according to chapter 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 25 quality to use A quality to use: a. the office; (b) anyone who is personally and directly affected by an assistance measure and has an interest worthy of protection in that it is cancelled or varied.

Art. 21, al. 3, of the Act on international criminal assistance is not applicable.

RS 351.1 art. 26 grounds for appeal the appeal may be filed for violation of federal law, including the excess or abuse of discretion.
The grounds of appeal provided for by cantonal procedural law are reserved.

Art. 27 deadline for appeal the appeal against the decision of closing period is 20 days from the written notification of the decision; If it is an interim decision within the meaning of art. 24, al. 2, this time is ten days.

Art. 28 suspensive effect of the appeal has suspensive effect if its purpose is the final ruling or any other decision that allows either the transmission to the international tribunal concerned information on the secret area is the transfer of objects or values.
Incidental decisions are immediately enforceable.
The Court of complaints of the federal criminal court may grant suspensive effect to the decisions referred to in para. 2 If the entitled makes it likely that the damage is immediate and irreparable.

New content of the sentence according to section 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).
New content of the sentence according to section 31 of the annex to the Federal ACT of 17 June 2005 on the TAF, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Chapter 4 enforcement of the custodial sentences handed down by the international tribunals Section 1 Conditions art. 29. a decision final and binding of an international court may be enforced in Switzerland, at his request, if: a. the convicted person ordinarily resides in Switzerland, etb. the conviction relates to an offence, committed in Switzerland, would be punishable.

The decision final and binding of an international tribunal against a Swiss national is executed in Switzerland if requested by the convicted person.
The art. 94, al. 1, 3 and 4, 95, 96, let. b and c and 99 of the Act on international criminal assistance shall not apply.

Currently: art. 94, al. 1 and 4.
RS 351.1 Section 2 Procedure art. 30 ruling on the application the Agency, after consulting the executing, statue at the request of the international tribunal.
If he accepts the request, it shall transmit the file to the enforcement authority and shall inform the international tribunal.
Art. 104, al. 2, of the Act on international criminal assistance is not applicable.

RS 351.1 art. 31 execution of the sanction, the sanction set during enforcement proceedings by the competent judge according to art. 342 of the penal code is executed in accordance with Swiss law.
At the request of the international tribunal, the office provides information on the execution of the sanction.

RS 311.0 new content according to chapter I of the Federal ACT of June 13, 2008, in force since Jan. 1. 2009 (RO 2008 4611; FF 2007 7099).

Art. 32 appeal for clemency if the convicted person files a request for clemency, the competent authority will forward with any relevant piece, through UNRWA, to the international tribunal.

Art. 33 fees the Confederation pays the cost of execution of the sanction.

Chapter 5 provisions final art. 34. this order is General in scope.

He said urgent pursuant to art. 89, al. 1, of the federal constitution and enter into force the day following its adoption.
It is subject to optional referendum in accordance with art. 89, al. 2, of the federal constitution and has effect until 31 December 2003.
The period of validity of this order is extended to December 31, 2008.
This Act is extended until December 31, 2013.
This Act is extended to December 31, 2023.

[1 3 RS; 1949 1614 RO]. Currently: art. 165 of Cst. on 18 April 1999 (RS 101).
Currently: art. 141 of Cst. on 18 April 1999 (RS 101).
Introduced by art. 59 No. 2 of the Federal ACT of 22 June 2001 on cooperation with the International Criminal Court, in effect since July 1. 2002 (AS 2002 1493; FF 2001 359).
Introduced by chapter I of the Federal ACT of June 13, 2008, in force since Jan. 1. 2009 (RO 2008 4611; FF 2007 7099).
Introduced by chapter I of the Federal ACT of 22 March 2013, in force since Jan. 1. 2014 (2013 2393 RO; FF 2012 6181).

RO 1996 2 new content according to chapter I of the Federal ACT of June 13, 2008, in force since Jan. 1. 2009 (RO 2008 4611; FF 2007 7099).
This ability corresponds to art. 54, al. 1, of the Cst (RS 101).
New content according to art. 59 No. 2 of the Federal ACT of 22 June 2001 on cooperation with the International Criminal Court, in effect since July 1. 2002 (AS 2002 1493; FF 2001 359).
FF 1995 IV 1065 State on January 1, 2014

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