Facilitating voluntary appearance of persons - national procedures for ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000


Facilitating appearance of witnesses

Request for voluntary appearance of witness—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(e) of the Statute in facilitating the voluntary appearance of a witness before the ICC.

(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 witness's attendance is sought so that the witness can give evidence or information relating to the investigation or proceeding; and

(c)the witness is or may be in New Zealand.

(3)In this section and sections 93 and 94, ``witness'' includes a person who may give expert evidence; but does not include either—

(a)a person who has been accused of an international crime in the proceedings to which the request relates; or

(b)a prisoner who is detained in relation to an offence against New Zealand law.

Cf 1995 No 27 s 30(1); Statute, articles 19(8), 56, 64, 93(1)(e)

Consent required and assurances may be sought—

(1)If the Attorney-General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, the Attorney-General must forward the request to the appropriate New Zealand agency.

(2)The New Zealand agency to which a request is forwarded under subsection (1) must make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC.

(3)The Attorney-General may, at any time, ask the ICC to give 1 or more of the following assurances:

(a)that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person's departure from New Zealand:

(b)that the witness will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General:

(c)an assurance relating to such other matters as the Attorney-General thinks appropriate.

Cf Statute, article 93(2)

Attorney-General may facilitate appearance—

(1)The Attorney-General may assist in the making of arrangements to facilitate a witness's attendance before the ICC if the Attorney-General is satisfied that—

(a)the prospective witness has consented to giving the evidence or assistance requested; and

(b)the ICC has given adequate assurances where appropriate.

(2)The Attorney-General may—

(a)approve and arrange the travel of the witness to the ICC; and

(b)obtain such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence,—

(i)the variation, discharge, or suspension of the conditions of the person's release from prison; or

(ii)the variation, cancellation, or suspension of the person's sentence, or of the conditions of the person's sentence; and

(c)take such other action for the purposes of subsection (1) as the Attorney-General thinks appropriate.

Cf 1995 No 27 ss 30(2), 31(3)

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:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;