Assistance of States in the attendance and testimony of witnesses and production of documents

New Zealand

New Zealand - International War Crimes Tribunal Act 1995 (2021)EN

Person other than offender giving evidence or assisting
This section applies where—
a Tribunal makes a request to the Attorney-General for the attendance of a person—
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal; or
(ii) in a foreign country to assist an investigation conducted by the Tribunal; and the person is in New Zealand and is not a person described in this Act

Where, on receipt of a request to which this section applies, the Attorney-General is satisfied—
(a) that the proceeding or investigation relates to a Tribunal offence; and
(b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist in the investigation; and
(a) that the person has freely consented to giving evidence or assisting in the foreign country; and
(b) that the Tribunal has given, to the extent, if any, required by the Attorney-General, an adequate undertaking in respect of the matter specified by the Attorney-General may, subject to authority in writing, assist the Tribunal in accordance with this subsection and may assist in the making of arrangements to facilitate that attendance.

Offender giving evidence or assisting
This section applies where
a Tribunal has made a request to the Attorney General for the attendance of a person-
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal; or
(ii) in a foreign country to assist an investigation conducted by the Tribunal; and the person is in New Zealand and is a prisoner or

Rome Statute

Article 64 Functions and powers of the Trial Chamber

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;