Other types of assistance - national procedures for ICC proceedings

Republic of Trinidad and Tobago

The International Criminal Court Act 2006

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

24. (1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely—

(xiii) any other type of assistance that is not prohibited by the law of Trinidad and Tobago, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC; or

PART V
DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Other Types of Assistance

113. (1) This section applies if the ICC requests any other type of assistance under article 93(1) of the Statute for the purposes of facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC.
(2) The Attorney General may give authority for the request to proceed if he 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 Trinidad and Tobago law.
(3) If the Attorney General gives authority for the request to proceed—
(a) he shall—
(i) take such steps as he thinks appropriate in the particular case; and
(ii) forward the request to the appropriate Trinidad and Tobago agency;
(b) that agency shall, without delay—
(i) use its best endeavours to give effect to the request;
(ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
(iii) deliver the report to the Attorney General.
(4) If the Attorney General considers that the assistance sought cannot lawfully be provided, he shall, before refusing the request, and in accordance with article 93(5) of the Statute—
(a) consult with the ICC; or

(b) consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner.

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:

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.