Questioning of persons - national procedures for ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000


Taking evidence and producing documents

ICC may give evidence certificate—

(1)In this section, ``evidence certificate'' means a certificate or declaration that—

(a)is given or made by or on behalf of the ICC; and

(b)specifies or declares whether, under the Statute or the Rules, a specified person or class of persons could or could not be required to answer a specified question or to produce a specified document—

(i)generally; or

(ii)in specified proceedings; or

(iii)in specified circumstances.

(2)An evidence certificate authenticated under subsection (3) is admissible in proceedings for the purposes of the application of section 85(4) as prima facie evidence of the matters stated in the certificate.

(3)A certificate is authenticated for the purposes of subsection (2) if it purports to be—

(a)signed or certified by a Judge, the Registrar, the Deputy Registrar, or a member of the staff of the ICC; or

(b)authenticated in any other manner authorised by the Statute or the Rules.

Cf 1995 No 27 s 27


Questioning persons

Assistance in questioning persons—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(c) of the Statute in questioning a person who is being investigated or prosecuted.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—

(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

(b)the person is or may be in New Zealand.

(3)If the Attorney-General gives authority to proceed,—

(a)the Attorney-General must forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to undertake the questioning that the ICC has requested; and

(ii)ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and

(iii)advise the Attorney-General of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to the Attorney-General.

Cf Statute; articles 19(8), 56, 64, 93(1)(c)

Procedure where questioning by New Zealand agency—

(1)This section applies if there are grounds to believe that a person who is to be questioned by a New Zealand agency following a request under article 91(1)(c) of the Statute has committed a crime within the jurisdiction of the ICC.

(2)If this section applies, the person to be questioned must be informed, before being questioned, that there are grounds to believe that the person has committed a crime within the jurisdiction of the ICC and that the person has the right—

(a)to remain silent, without such silence being a consideration in the determination of guilt or innocence; and

(b)to have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to the person, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

(c)to be questioned in the presence of a lawyer unless the person voluntarily waives the right to counsel.

(3)If there is any inconsistency between subsection (2) and any other enactment, subsection (2) prevails.

(4) If the person seeks to have legal assistance assigned under sub-section (2)(b), that assistance may be provided under the Legal Services Act 2000.

(5)This section does not give any person a power to require another person to answer questions.

Cf Statute, article 55(2)

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:

(c) The questioning of any person being investigated or prosecuted;