Other types of assistance - national procedures for ICC proceedings

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER II: COOPERATION WITH THE COURT
Section 3: Communication with the Court

Art. 10 Form and transmission of requests of the Court

3 Subject to subsequent confirmation through ordinary channels, requests for provisional measures, searches, arrests, and other urgent requests may be transmitted:
a. through the International Criminal Police Organization (Interpol); or
b. by any medium capable of delivering a written record.

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.

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION I: CONDITIONS

Art. 33 Handing over of evidence to another State

If the Court requests the consent of the Central Authority to forward evidence to another State that was transmitted to the Court by Switzerland, then:
a. the Central Authority shall grant the request in accordance with the provisions of this chapter if the act is within the jurisdiction of the Court;
b. proceedings in accordance with the provisions of the Federal Law of 20 March 1981 Mutual Legal Assistance shall be undertaken, if the act is a serious crime under the on domestic law of the requesting State.

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:

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.