Production of evidence - national procedures for ICC proceedings

Principality of Liechtenstein

Liechtenstein - Cooperation with the ICC 2004 EN

II. Specific provisions

B. Judicial assistance; procedural provisions

Article 20
Disclosure and transmission of photocopies and information
(1) At the request of the International Criminal Court or an International Tribunal, judicial assistance shall be provided through the transmission of objects, documents or photocopies or by granting access to records.
(2) Should the documents relate to national security, the International Criminal Court shall be consulted to ascertain whether the information could be provided by another source or in another form.
(3) Should the matter not be settled through the consultations in paragraph 2 above, the Government, prior to granting access to records or the transmission of photocopies, shall check whether the interests of confidentiality significantly outweigh the interests of providing evidence for an international prosecution. Should that be the case, the International Criminal Court shall be asked to ensure the maintenance of confidentiality and for details as to how it will be maintained. This manner of proceeding shall be followed mutatis mutandis for International Tribunals, when documents are subject to particular confidentiality restrictions or relate to national security.
(4) The Government shall check whether the assurance given as to maintaining confidentiality is to be deemed sufficient. Access to records or the transmission of photocopies is to be refused where confidentiality cannot be ensured and if there are concerns that disclosure could prejudice national security.
(5) Paragraphs 2 to 4 above shall also apply where a person who has been called upon to provide information or evidence refuses to do so on the grounds that disclosure would prejudice national security.
(6) Prior to being questioned on the basis of a request for judicial assistance from the International Criminal Court, a person shall be informed of his or her right to refuse to answer in order to prevent the disclosure of confidential information relating to national security. This shall be noted in the record. The admissibility of the request for judicial assistance in such cases shall be decided upon in the light of paragraphs 2 to 4 above.

Article 21
Transmission of photocopies or information from third parties to the International Criminal Court
Should the International Criminal Court seek judicial assistance such as the transmission of photocopies of documents or information which were given to Liechtenstein by another State or by an intergovernmental or international organisation subject to their confidentiality, such documents may only be transmitted to the International Criminal Court with their consent. The Court shall be informed of any refusal thereof.

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:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;