Availability of additional procedures


International Criminal Court Act 2007, No.26


71. Assistance involving the use of other domestic investigative procedures -

(1) Where the ICC requests assistance in the gathering of evidence for an investigation, 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.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General may -

(a) make use of any domestic powers as would be available in a domestic investigation of a similar matter to gather such evidence and any such powers under domestic law shall apply with the necessary modifications;
(b) make such report as it considers to be appropriate in the circumstances; and
(c) deliver the report to the Minister.


109. Regulations -

(1) The Minister may make regulations for the purpose of giving effect to the principles and provisions of this Act.

(2) Without prejudice to the generality of subsection (1), the Minister may make regulations in respect of all or any of the following matters:

(a) prescribing the procedure to be followed in dealing with requests made by the ICC, and providing for notification of the outcome of action taken to give effect to such requests;
(b) providing for temporary surrender of a person;
(c) prescribing the procedures for obtaining evidence or producing documents or other articles in accordance with a request made by the ICC;
(d) providing for the payment of fees, traveling allowances, and expenses to any person in Samoa who gives or provides evidence or assistance pursuant to a request made by the
(e) prescribing conditions for the protection of any property sent to the ICC pursuant to a request made under this Act, and making provision for the return of property to Samoa;
(f) providing for the enforcement of any ICC sentence of imprisonment;
(g) providing for management and disposal of property under a restraining, seizing or forfeiture order;
(h) prescribing the forms of applications, notices, certificates, warrants and other documents for the purposes of this Act, and requiring the use of such forms; and
(i) implementation of any obligation that is placed on States Parties by the Rules in so far as such obligation is not inconsistent with the provisions of this Act.

Rome Statute

Article 88 Availability of procedures under national law

States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.