ICC sitting in State territory


International Criminal Court Act 2007, No.26


75. Refusal of request -

(2) The Minister may refuse a request for assistance under this Part of this Act only if -

(b) the refusal is authorised under Part VII.


101. Prosecutor may conduct investigations in Samoa -

The Prosecutor may conduct investigations in the territory of Samoa -

(a) in accordance with the provisions of Part 9 of the Statute;
(b) as authorised by the Pre-Trial Chamber under article 57(3)(d) of the Statute; or
(c) as authorised by national authorities.

102. ICC sittings in Samoa -

The ICC may sit in Samoa for the purpose of discharging its functions under the Statute and under the Rules, including but not limited to -

(a) the taking of evidence;
(b) the conduct or continuation of a proceeding;
(c) the giving of a judgment in a proceeding; or
(d) the review of a sentence imposed by the ICC.

103. ICC powers while sitting in Samoa -

(1) When the ICC is sitting in Samoa it may discharge and exercise any or all of its functions and powers as provided for under the Statute and under the Rules.

(2) Without prejudice to the generality of subsection (1), the ICC shall have the power to -

(a) commit persons for contempt of its orders; or
(b) issue summons or other orders requiring the attendance of any person before the ICC or the production of any document or record for examination by the ICC;

(3) Orders or summons issued by the ICC under this section, including committal orders for contempt, shall be enforced by the domestic authorities of Samoa as if the order had been issued by a domestic court in Samoa.

104. ICC may administer oaths in Samoa -

The ICC may, at any sitting of the ICC in Samoa, administer an oath or affirmation requiring a witness to give an undertaking as to truthfulness of the evidence given by the witness, in accordance with the Rules.

105. Orders made by ICC not subject to review -

(1) The conduct of a trial or other proceeding by the ICC sitting in Samoa is not subject to judicial or other challenge in a court in Samoa.

(2) In particular, none of the following may be brought or made in a court in Samoa in respect of a judgment, order, determination, or step of the ICC given, made or taken at a sitting of the ICC in Samoa:

(a) any judicial review;
(b) an application for, or for relief in the nature of, a declaration, declaratory judgment or injunction;
(c) an application for, or for relief in the nature of an order of mandamus or prohibition or certiorari;
(d) an application for, or for relief in the nature of, a writ of habeas corpus;
(e) an appeal.

106. Power to detain ICC prisoners in prison in Samoa -

(1) Where the ICC holds a sitting in Samoa and requests that a person whose presence is required at that sitting be held in custody as a ICC prisoner while the sitting continues in Samoa, the Minister shall direct in writing that such person be held in custody at such location as is specified in the direction.

(2) A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction.

(3) The law relating to prisons so far as is applicable with any necessary modifications shall apply to a ICC prisoner required to be detained in a prison by a direction under subsection (1) as if the prisoner had been remanded in custody or sentenced to imprisonment for an offence under the law of Samoa, as the case may require, and is liable to be detained in a prison under such an order or sentence.

(4) For the purposes of the application of the law relating to escape from lawful custody and aiding prisoners to escape, an ICC prisoner who is in custody in a prison or other detention facility in Samoa shall be deemed to be in lawful custody while in Samoa.

107. Removal of ICC prisoner -

If the Minister is satisfied that the presence in Samoa of an ICC prisoner who was the subject of a direction under section 106 is no longer necessary, sections 89 to 94 shall apply to and in relation to that person with any necessary modifications.

Rome Statute

Article 3 Seat of the Court

3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.


ARTICLE 12 Exercise of the Functions of the Court outside its Headquarters

In the event that the Court, pursuant to article 3, paragraph 3, of the Statute, considers it desirable to sit elsewhere than at its headquarters at The Hague in the Netherlands, the Court may conclude with the State concerned an arrangement concerning the provision of the appropriate facilities for the exercise of its functions.