Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.94 Postponement of execution of a request in respect of ongoing investigation or prosecution/Sursis à exécution d’une demande à raison d’une enquête ou de poursuites en cours
This chapter comments on Article 94 of the Rome Statute of the International Criminal Court. Article 94 is one of three provisions authorizing a State to postpone compliance with a request from the Court. The first of these, article 89(2), allows the postponement of a request for arrest and surrender until the issue of admissibility has been resolved. Similarly, article 95 contemplates postponement of a request pending an admissibility challenge, and appears to be directed at requests involving ‘other forms of cooperation’, as this is meant by article 93. Article 94 addresses a situation where a State desires to postpone execution of a request because this might interfere with an ongoing investigation or prosecution of a case that is different from that to which the request of the Court relates.