ICC sitting in State territory

New Zealand

International War Crimes Tribunals Act 1995

Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

(3) without limiting the generality of subsection (1), a Tribunal may make a request for assistance of any 1 or more of the following types :

(a) arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant :
(b) executing a request for search and seizure:
(c) obtaining evidence or a document or other article:
(d) providing a document or other record:
(e) locating and identifying a witness or suspect:
(f) arranging for a person to give evidence or assist an in-vestigation:
(g) causing the forfeiture of tainted property:
(h) serving documents:
(i) arranging for the Tribunal to sit in New Zealand.

Part 4
Sittings of a Tribunal in New Zealand

36 Tribunal sittings in New Zealand

(1) A Tribunal may sit in New Zealand for the purpose of performing its functions.

(2) Without limiting the generality of subsection (1), a Tribunal may sit in New Zealand for the purpose of—

(a) taking evidence ; or
(b) conducting or continuing a proceeding before the Tribunal ; or
(c) giving judgment in a proceeding before the Tribunal.

37 Tribunal's powers while sitting in New Zealand

While a Tribunal is sitting in New Zealand, it may exercise such powers that the Tribunal may exercise under the Statute of the Tribunal, and under any rules of procedure and evidence adopted pursuant to the Statute of the Tribunal and for the time being in force.

38 Tribunal may administer oaths in New Zealand

(1) A Tribunal may at any sitting of the Tribunal in New Zealand administer an oath or affirmation in accordance with the prac¬tice and procedure of the Tribunal.

(2) Evidence given by a person on oath or affirmation adminis-tered by the Tribunal under subsection (1) shall, for the purposes of section 108 of the Crimes Act 1961 (which relates to perjury), be deemed to have been given as evidence in a judicial proceeding on oath.

39 Orders made by Tribunal not subject to review

No application for review under Part 1 of the Judicature Amendment Act 1972 and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of a Tribunal made or given at a sitting of the Tribunal in New Zealand.

40 Contempt of Tribunal

(1) Every person commits an offence who, at any sitting of a Tribunal in New Zealand,—

(a) assaults, threatens, intimidates, or wilfully insults

(i) a Judge of the Tribunal ; or
(ii) the Prosecutor of the Tribunal ; or
(iii) the Registrar or any other officer of the Tribunal ; or
(iv) a person appearing as a barrister or solicitor, or both, before the Tribunal ; or
(v) a witness in proceedings before the Tribunal ; or

(b) wilfully interrupts or obstructs the proceedings.

(2) Every person commits an offence who, wilfully and without lawful excuse, disobeys any order or direction of a Tribunal made or given in the course of its proceedings.

(3) Every person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000.

Rome Statute

Article 3 Seat of the Court

3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.


ARTICLE 12 Exercise of the Functions of the Court outside its Headquarters

In the event that the Court, pursuant to article 3, paragraph 3, of the Statute, considers it desirable to sit elsewhere than at its headquarters at The Hague in the Netherlands, the Court may conclude with the State concerned an arrangement concerning the provision of the appropriate facilities for the exercise of its functions.