Witness protection - authority - ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000

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

Taking evidence and producing documents

85.
Protection of witnesses—

(1)The applicable law with respect to compelling a person to appear before Judge under section 83 or section 84 and to give evidence or answer questions, or to produce documents or other articles, is the law specified in subsection (2); and that law applies with any necessary modifications.

(2)For the purposes of subsection (1), the applicable law is the law of New Zealand that applies to the giving of evidence or the answering of questions or the production of documents or other articles on the hearing of a charge against a person for an offence against the law of New Zealand.


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

Protecting victims and witnesses and preserving evidence

110.
Protecting victims and witnesses and preserving evidence—

(1)This section applies if the ICC requests—

(a)assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence:

(b)assistance under article 19(8), or paragraphs (2) or (3) of article 56, in preserving evidence.

(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 assistance sought is not prohibited by New Zealand law.

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;