Provision of records and documents - national procedures for ICC proceedings

Republic of South Africa

Implementation of the Rome Statute of the International Criminal Court (Act No. 27 of 2002)

Chapter 4
Cooperation with and assistence to Court in or outside South Africa

Part 2
Judicial assistance to court (ss 14-32)

14 Areas of cooperation and judicial assistance

The relevant competent authorities in the Republic must, subject to the domestic law of the Republic and the Statute, cooperate with, and render assistance to, the Court in relation to investigations and prosecutions in the following areas:

(i) the provision of records and documents, including official records and documents

Chapter 5
Miscellaneous (ss 33-40)

34 Admissibility of documents

Any deposition, affidavit, record of any conviction or any document confirming any order of the Court or any copy or sworn translation thereof, may be received in evidence at any proceedings in terms of a provision of this Act if it is-

(a) authenticated in the manner in which foreign documents are authenticated to enable them to be produced in any court in the Republic;

(b) signed by a judge of the Court or any person authorised thereto; or

(c) authenticated in the manner provided for in any agreement with the Court.

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:

(i) The provision of records and documents, including official records and documents;