Preservation of evidence - national procedures for ICC proceedings

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION I: CONDITIONS

Art. 30 Forms of cooperation

Cooperation according to this chapter may include any procedural acts not prohibited by Swiss law that facilitate the investigation and prosecution of crimes within the jurisdiction of the Court or that serve to produce the proceeds of such crimes, in particular:
i. the protection of victims and witnesses and the preservation of evidence

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION I: CONDITIONS

Art. 31 Preserving measures

1 Upon the explicit request of the Court, the Central Authority may take preventive measures to maintain existing conditions, to protect threatened legal interests, or to preserve endangered evidence.

2 If delay was to jeopardize the proceedings, the Central Authority may order preventive measures as soon as a request is announced and sufficient information is available to assess the conditions. The preserving measures shall be lifted if the Court does not make the request within the period of time specified by the Central Authority.

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;