ICC sitting in State territory

Commonwealth of Australia

Australia - International Criminal Court Act No. 41 2002 (2018) EN

Part 5—Investigations or sittings of the ICC in Australia

108 ICC sittings in Australia
(1) The ICC may sit in Australia for the purpose of performing its functions under the Statute or the Rules.
(2) Without limiting subsection (1), the ICC may sit in Australia for the purpose of:
(a) taking evidence; or
(b) conducting or continuing a proceeding; or
(c) giving judgment in a proceeding; or
(d) reviewing a sentence.

109 ICC’s powers while sitting in Australia
While the ICC is sitting in Australia, it may exercise its functions and powers as provided under the Statute and the Rules.

110 ICC may require witnesses at sittings in Australia to give undertakings as to truthfulness of their evidence
The ICC may, at any sitting of the ICC in Australia, require, in accordance with the Rules, a witness to give an undertaking as to the truthfulness of the evidence to be given by the witness.

Rome Statute

Article 3 Seat of the Court

3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.

APIC

ARTICLE 12 Exercise of the Functions of the Court outside its Headquarters

In the event that the Court, pursuant to article 3, paragraph 3, of the Statute, considers it desirable to sit elsewhere than at its headquarters at The Hague in the Netherlands, the Court may conclude with the State concerned an arrangement concerning the provision of the appropriate facilities for the exercise of its functions.