Preservation of evidence - national procedures for ICC proceedings

Commonwealth of Australia

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

Part 2—General provisions relating to requests by the ICC for cooperation

7 What constitutes a request for cooperation
(1)
(a)
(xi) the protection of victims or witnesses or the preservation of evidence;

Part 4—Other requests by ICC

Division 3—Restrictions on provision of assistance

54 Postponement where ongoing Australian investigation or prosecution would be interfered with

(4) If the Attorney-General decides to postpone the execution of a request and the ICC requests assistance in the preservation of evidence under paragraph 1(j) of article 93 of the Statute, the Attorney-General must deal with the request in accordance with this Part.

Rome Statute

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:

(j) The protection of victims and witnesses and the preservation of evidence;