Request by State for ICC assistance

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001

Section 3: Communication with the Court

Art. 11 Swiss requests

1 Cantonal or federal prosecution authorities may request the cooperation of the Court in the case of serious crimes. The Central Authority shall forward such requests to the Court.

2 The documents shall be transmitted in French or English, or be accompanied by a translation into one of these languages. For the rest, the conditions for requests of the Court shall apply by analogy to Swiss requests.

3 Conditions placed by the Court on the execution of a request shall be respected by the Swiss authorities.

Rome Statute

Article 93 Other forms of cooperation


(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.


b. The questioning of any person detained by order of the Court;

(i) The assistance provided under subparagraph (a) shall include, inter alia:

a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and

(ii) In the case of assistance under subparagraph (b) (i) a:

a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;

b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.

(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.