International War Crimes
Tribunals Act 1995
Public Act 1995 No 27 Date of assent 9 June 1995
Commencement 9 June 1995
contents
Title
Short Title
Interpretation
Act to bind the Crown
Part 1
Request by a Tribunal for assistance
Tribunal may request assistance
Form of requests
Part 2
Arrest and surrender of person to a Tribunal
Arrest of persons
Notice by Attorney-General
Issue of warrants
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the MinistryMinistryDepartment of Justice.
Form of request
(a) the nature of the investigation or prosecution in respect of which the request is made; and
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.