Part 2
Specific provisions
Section 1
13. Investigations and proceedings of the International Criminal Court in Austria
1. The International Criminal Court shall be authorised to question witnesses and accused persons independently in Austria and to inspect public places, without making any changes to them, and to collect further related evidence as long as the Federal Minister of Foreign Affairs is given prior notice thereof and is informed of the time and purpose of the investigations and that they do not involve recourse to or the threat of recourse to coercive measures. In such cases the members and investigators of the International Criminal Court shall not require any special authorisation to carry out their work in Austria.
2. The International Criminal Court shall be authorised to hold trials, unless the Federal Minister of Foreign Affairs refuses such a request owing to grave security concerns in respect of the Republic of Austria or of the International Criminal Court.
3. The Austrian authorities shall support the members and investigators of the International Criminal Court in their independent activities in Austria. In so doing, they may have recourse to coercive measures only where there is a written request for judicial assistance from the Court and such assistance has been ordered by an Austrian court. The admissibility and enforcement of such coercive measures shall comply with Austrian law.
4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:
(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;
(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.