Identification and whereabouts of persons - national procedures for ICC proceedings


International Criminal Court Act 2007, No.26


56. Assistance in locating or identifying persons or items -

(1) Where the ICC requests assistance in locating, or identifying and locating, a person or an item believed to be in Samoa, 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 the person to whom or the item to which the request relates is, or may be in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General shall, without delay -

(a) use its best endeavours to locate or, as the case may be, identify and locate, the person to whom or item to which the request relates; and
(b) advise the Minister of the outcome of those endeavours.

(3) This section shall not be construed as giving any person a power to enter property in order to locate a person or item.

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:

(a) The identification and whereabouts of persons or the location of items;