Direct execution of request on State territory in other cases

New Zealand

International Crimes and International Criminal Court Act 2000

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Miscellaneous

123.
Execution of request by Prosecutor—

(2)If the Attorney-General identifies difficulties with the execution of a request to which article 99(4)(b) of the Statute relates, the Attorney-General must, without delay, consult with the ICC in order to resolve the matter.

Rome Statute

Article 99 Execution of requests under articles 93 and 96

4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.