PROBLEMS OF COOPERATION OF THE INTERNATIONAL CRIMINAL COURT WITHS STATES ON LEGAL MATTERS

Abstract

The article is devoted to the problems of cooperation of the International Criminal Court with member and non-member states on legal issues. The participantship in the Court, ratification of the Statute requires consideration of making relevant changes in national legislation, including the prioritization to the execution of the Court's request or other legal assistance when requests are
received from various countries and the Court regarding the arrest of a country's citizen in connection with the crimes under the Court's jurisdiction and surrender of persons to the Court, the adoption of measures to ensure the security of a witness and victims or his or her family members and other persons, including the use of technical means enabling the alteration of pictures or voice, the use of audiovisual technology, pseudonyms for the person in danger, and other matters. The authority of the Security Council to refer the matter to the Court, the obligations of the Statute parties states to accept, implement and provide assistance to the decisions of the Council should be carefully analyzed based on the priority of ensuring the safety of the state and citizens when deciding on the ratification or non-accession to the Statute. The analysis of the Statute of the İCC and legislation of the Republic of Azerbaijan shows that although there is no specific legal framework regarding legal assistance issues between the
ICC and the Republic of Azerbaijan, it is possible to apply the national legislation on legal assistance on criminal cases to relations with the ICC with certain additions. Even if there are no such additions to the legislation or there is no agreement on cooperation with the ICC, the ICC's requests for legal assistance should be implemented based on the fact that the crimes mentioned in
the Statute of the ICC are included in the universal jurisdiction and provided for by other international agreements. In fact, in the absence of an agreement, it is possible to send and resolve the ICC's requests for legal assistance to Azerbaijan through diplomatic channels. Here, it is necessary to deviate from the provision of legal assistance on the basis of reciprocity as a condition
for criminal cases.