Document ID: chunk:federal_register_of_legislation:C2021C00313:schedule:1:p61
Version: federal_register_of_legislation:C2021C00313
Segment Type: schedule
Provision Reference: sch 1 (pt 61/76)
Character Range: 369663–372514

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.

10. (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.

Article 94
Postponement of execution of a request in respect
of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95
Postponement of execution of a request in
respect of an admissibility challenge

 Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19,