Production of evidence - authority - ICC proceedings

Kingdom of The Netherlands

International Criminal Court Implementation Act 2002

CHAPTER 3. COOPERATION AS REFERRED TO IN ARTICLE 93 OF THE STATUTE
§ 2. Actions of the public prosecutor and the investigating judge
Section 50
1. The public prosecutor shall transmit the request for cooperation to the investigating judge if it involves:
(c) an express request for a sworn statement or a statement made in the presence of a judge;

CHAPTER 3. COOPERATION AS REFERRED TO IN ARTICLE 93 OF THE STATUTE
§ 2. Actions of the public prosecutor and the investigating judge
Section 51
1. An application as referred to in section 50, subsection 3, has the same legal consequences as an application to initiate a preliminary judicial investigation (gerechtelijk vooronderzoek), in respect of:
(a) the powers of the investigating judge with regard to the suspects, witnesses and experts to be heard by him, as well as those with regard to the delivery or transmission of documentary evidence, the taking of measures in the interests of the investigation, and the carrying out of DNA tests, including the power to order the taking of cell material for this purpose, the entry into premises, the search of premises, the seizure of documentary evidence and investigation of data in automated databases;

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:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

Article 99 Execution of requests under articles 93 and 96

2. In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently.