I. GENERAL PROVISIONS
INFORMATION RELEVANT FOR INVESTIGATION AND PROSECUTION OF CRIMINAL OFFENCES REFERRED TO IN ARTICLE 1 OF THIS LAW AND THE INFORMATION OF HISTORIC RELEVANCE
Article 7
(1) Legal and natural persons are obligated to deliver to the competent state authorities any data, documents, recordings or objects which may be relevant in investigating and prosecuting of criminal offences referred to in Article 1 of this Law.
(2) Beside that, legal and natural persons are obligated to deliver appropriate data, documents, recordings and objects which may be relevant for determining of historic truth of war and war casualties to the competent state authority and other institutions which deal with the collection of historic materials about the war and war casualties.
(3) In default of a law providing to which institutions or other institution the data, documents, recordings and objects referred to in paragraph 2 of this Article shall be delivered, the Government can designate the competent state authority or institution by an act of ordinance.
II. PROSECUTION IN REPUBLIC OF CROATIA
POLICE ORGANIZATION
Article 15
(1) At the Ministry of the Interior a Department competent for the war crimes shall perform the activities connected to the investigating of criminal offences referred to in Article 1 of this Law and its perpetrators, and shall perform the activities of cooperation with the International Criminal court within the competence of police. The department consists of police officers with the appropriate experience within investigating of the most serious criminal offences.
(2) The police officers of the Department competent for the war crimes shall conduct field investigations and take other necessary actions, and coordinate and direct the work of other police officers engaged in the investigations of criminal offences referred to in Article 1 of this Law and detention of perpetrators or in the cooperation with the International Criminal Court.
V. COOPERATION WITH INTERNATIONAL CRIMINAL COURT
PRINCIPLES OF COOPERATION
Article 23
(1) The Republic of Croatia shall fully cooperate with the International Criminal Court in accordance with the Article 93 of the Statute in investigations and criminal prosecution of criminal offences within its competence, proceeding in the manner prescribed in Article 3 hereof.
(2) The request for the cooperation sent by the International Criminal Court shall be confidential and its content may be disclosed when this is necessary for its fulfillment, or for other particularly important reasons.
(3) All government bodies of the Republic of Croatia shall act in good faith in the process of cooperation, guided by the Statute's goals and the purpose of each individual activity carried out.
(4) The competent government bodies shall also undertake the activities that the International Criminal Court has not expressly requested, if it appears that they are necessary in order to find the perpetrator and collect evidence for a trial before the International Criminal Court.
LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law
GENERAL PROVISIONS
Article 7
(1) Legal and natural persons are obligated to supply to the competent state authorities or institutions any information, documents, films or objects which may be important in investigating and prosecuting the crimes and in establishing the historic truth about a war and committed war crimes.
(2) In default of a law providing for the obligation specified in the foregoing paragraph, the Government of the Republic of Croatia can designate the competent state authority or institution by an act of ordinance.
LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law
V COOPERATION WITH INTERNATIONAL CRIMINAL COURT
Article 23
(1) The Republic of Croatia shall fully cooperate with the International Criminal Court in accordance with Article 93 of the Statute in investigations and criminal prosecution of crimes within its competence, proceeding in the manner prescribed in Art. 3 hereof.
(2) The cooperation request by the International Criminal Court shall be confidential and its content may be disclosed when this is necessary for its fulfilment, or for other particularly important reasons.
(3) All government bodies of the Republic of Croatia shall act in good faith in the process of cooperation, guided by the goals from the Statute and the purpose of each individual activity carried out.
(4) The competent government bodies shall also undertake the activities which the International Criminal Court has not expressly requested, if it appears that they are necessary in order to find the perpetrator and collect evidence for a trial before the International Criminal Court.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.
1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
(b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.