Preservation of evidence - authority - ICC proceedings

Independent State of Samoa

International Criminal Court Act 2007, No.26

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE


28. Requests for assistance -

A request for assistance is a request made by the ICC to the Minister, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, in relation to a crime within the jurisdiction of the ICC, for:

(a) assistance in respect of any one or more of the following, namely –

(xi) the protection of victims and witnesses and the preservation of evidence;

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE

72. Assistance in protecting victims and witnesses and preserving evidence-(1) Where the ICC requests -
(a) assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence;
(b) assistance under article 19(8), or article 56(2) or (3), in preserving evidence, in relation to an investigation by, or a proceeding before the ICC, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the assistance requested is not prohibited by the law of Samoa.

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;