Questioning of persons - national procedures for ICC proceedings

United Kingdom of Great Britain and Northern Ireland

International Criminal Court Act 2001 (2014)

Part 3 Other forms of assistance

Forms of assistance

28 Questioning

(1) This section applies where the Secretary of State receives a request from the ICC for assistance in questioning a person being investigated or prosecuted.
(2) The person concerned shall not be questioned in pursuance of the request unless—
(a) he has been informed of his rights under article 55, and
(b) he consents to be interviewed.
(3) The provisions of article 55 are set out in Schedule 3 to this Act.
(4) Consent for the purposes of subsection (2)(b) may be given—
(a) by the person himself, or
(b) in circumstances in which it is inappropriate for the person to act for himself, by reason of his physical or mental condition or his youth, by an appropriate person acting on his behalf.
(5) Such consent may be given orally or in writing, but if given orally it shall be recorded in writing as soon as is reasonably practicable.

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:

(c) The questioning of any person being investigated or prosecuted;