Rome Statute Art. 93

Article 93 Other forms of cooperation

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.

7.

(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.

8.

(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.

9.

(a)

(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.

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.

Keywords

Admissibility challenge - competing request Admissibility challenge - competing request - consultations with the Court Assets Assurance that the witness will not be prosecuted, detained or subjected to restriction of personal freedom Confidentiality Confidentiality re documents and information Conflict with existing fundamental legal principle of general application - consultations with the Court Consultations with the Court Contents of request - other forms of assistance Cooperation under procedures of national law Documents Establishment of new identity – witness protection Examination of places or sites Examination of places or sites - authority - ICC proceedings Examination of places or sites - national procedures for ICC proceedings Examination of places or sites - national proceedings Examination of witnesses Examination of witnesses - authority - ICC proceedings Examination of witnesses - national procedures for ICC proceedings Examination of witnesses - national proceedings Execution of requests for assistance (under Articles 93 and 96) in accordance with national law Facilitating voluntary appearance of persons Facilitating voluntary appearance of persons - authority - ICC proceedings Facilitating voluntary appearance of persons - national procedures for ICC proceedings Facilitating voluntary appearance of persons - national proceedings Forfeiture of assets Forfeiture of assets - authority - ICC proceedings Forfeiture of assets - national procedures for ICC proceedings Forfeiture of assets - national proceedings Freezing of assets - authority - ICC proceedings Freezing of assets - national procedures for ICC proceedings Freezing of assets - national proceedings Identification and whereabouts of persons Identification and whereabouts of persons - authority - ICC proceedings Identification and whereabouts of persons - national procedures for ICC proceedings Identification and whereabouts of persons - national proceedings Identification of assets Identification of assets - authority - ICC proceedings Identification of assets - national procedures for ICC proceedings Identification of assets - national proceedings Information Information, property or persons subject to the control of a third State or international organisation International assistance in criminal matters Location of items Location of items - authority - ICC proceedings Location of items - national procedures for ICC proceedings Location of items - national proceedings National judicial procedures protecting witnesses from identification – witness protection National procedures for execution of cooperation request National procedures for execution of requests for other forms of cooperation National procedures for inclusion in programme – witness protection National procedures for temporary transfer for purposes of identification, for obtaining testimony or other assistance National security New income or other means Non-disclosure of former identity – witness protection Non-disclosure of other information – witness protection Obligation to inform the Court of reasons for denial of assistance Offences relating to witness protection Other forms of cooperation Other necessary measures – witness protection Other types of assistance Other types of assistance - authority - ICC proceedings Other types of assistance - national procedures for ICC proceedings Other types of assistance - specified conditions, alternative manner or later date Preservation of evidence Preservation of evidence - authority - ICC proceedings Preservation of evidence - national procedures for ICC proceedings Preservation of evidence - national proceedings Proceeds of crimes Production of evidence Production of evidence - authority - ICC proceedings Production of evidence - national procedures for ICC proceedings Production of evidence - national proceedings Provision of accommodation – witness protection Provision of information to competent authorities – witness protection Provision of reasonable financial assistance – witness protection Provision of records and documents Provision of records and documents - authority - ICC proceedings Provision of records and documents - national procedures for ICC proceedings Provision of records and documents - national proceedings Provision of transport for property – witness protection Questioning of persons Questioning of persons - authority - ICC proceedings Questioning of persons - national procedures for ICC proceedings Questioning of persons - national proceedings Refusal of ICC request Refusal of ICC request - competing request Refusal of ICC request - protection of national security Relocation – witness protection Request by State for ICC assistance Request for other forms of cooperation Restoration of former identity – witness protection Search and seizure Search and seizure - authority - ICC proceedings Search and seizure - national procedures for ICC proceedings Search and seizure - national proceedings Seizure of assets Seizure of assets - authority - ICC proceedings Seizure of assets - national procedures for ICC proceedings Seizure of assets - national proceedings Service of documents Service of documents - authority - ICC proceedings Service of documents - national procedures for ICC proceedings Service of documents - national proceedings State investigation or prosecution – provision of records and documents State investigation or prosecution – taking of evidence Taking of evidence Taking of evidence - authority - ICC proceedings Taking of evidence - national procedures for ICC proceedings Taking of evidence - national proceedings Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other assistance Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national proceedings Termination of protection and assistance – witness protection Tracing of assets Tracing of assets - authority - ICC proceedings Tracing of assets - national procedures for ICC proceedings Tracing of assets - national proceedings Transfer Use of assumed name – witness protection Victims Victims' protection Victims' protection - authority - ICC proceedings Victims' protection - national procedures for ICC proceedings Victims' protection - national proceedings Victims' rights Witness protection Witness protection - authority - ICC proceedings Witness protection - national procedures for ICC proceedings Witness protection - national proceedings