Facilitating voluntary appearance of persons - national procedures for ICC proceedings


Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 1
General Provisions

12. Free passage
1. Persons summoned by the International Criminal Court from a foreign country to appear before the Court or persons whose presence is required at the seat of the Court shall for such purposes have a right of free passage through Austria, where they may not be prosecuted or punished or detained on account of any act engaged in prior to their entry.
2. Prosecution, punishment or detention on account of an act engaged in prior to entry is admissible if the person summoned overstays the time required for transit through Austria and could actually have left the territory.
3. No safe passage shall be granted where the International Criminal Court requests the arrest of the person summoned (paragraphs 24 to 26 below).

Part 2
Specific provisions
Section 2

16. Summonses
1. The International Criminal Court shall be authorised to serve directly by post summonses and other documents on persons who are in the Republic of Austria. This shall not preclude service via the Federal Ministry of Justice.
2. The person summoned is not obliged to acquiesce to the summons. At the request of the person summoned, of the accused or of their counsel, the Federal Ministry of Justice shall obtain from the International Criminal Court the assurance that the person shall not be subject to prosecution, arrest or detention on account of an act engaged in prior to the person’s exit from the Republic of Austria.
3. At the request of the International Criminal Court, the Austrian court shall transfer an appropriate advance for travel costs to witnesses and experts summoned by the International Criminal Court who apply for it. Should the witness or expert fail to attend the trial at the International Criminal Court or otherwise fail to fulfil the obligations arising from the summons, such an advance shall be recovered.

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:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;