Witness protection - authority - ICC proceedings

Kingdom of Belgium

Belgium - Act on Cooperation with ICC 2004 EN

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION I PRINCIPLES

Article 22
Requests for assistance from the Court in relation to an investigation or prosecution must be addressed directly to the central authority.
In accordance with article 93 of the Statute, such requests may include any act that is not prohibited by Belgian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court. They concern in particular:
(10) the protection of victims and witnesses and the preservation of evidence;

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION IV RULES SPECIFIC TO CERTAIN REQUESTS FOR ASSISTANCE

Article 28
Where the Court has granted the status of protected witness to a person and asks Belgium to implement protective measures on his or her behalf, the central authority, after consulting the chairperson of the witness protection committee established under article 103 of the Code of Criminal Procedure, shall decide which of the measures referred to in article 104 of said Code the person should benefit from. Independently of any measures granted to the protected witness, where it deems it necessary, the central authority may also grant to persons close to the protected witness the protective measures referred to in article 104. They shall be implemented in the same way as those granted to a threatened witness or a family member thereof, as referred to in article 102 of said Code.
Where the Court terminates the status of protected witness in respect of a person referred to in the preceding paragraph, the central authority shall determine whether the measures implemented on his or her behalf or on that of others should be maintained.

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:

(j) The protection of victims and witnesses and the preservation of evidence;