Service of documents - national procedures for ICC proceedings


International Criminal Court Act 2007, No.26


61. Assistance in arranging service of documents -

(1) Where the ICC requests assistance in arranging for the service of a document 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 that the person or body to be served is or may be in Samoa.

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

(a) use its best endeavours to have the document served-
(i) in accordance with any procedure specified in the request; or
(ii) if that procedure would be unlawful or inappropriate in Samoa, or if no procedure is specified, in accordance with the law of Samoa; and
(b) transmit to the Minister -
(i) a certificate as to service, if the document is served; or
(ii) a statement of the reasons that prevented service, if the document is not served.

(3) In this section, document includes -

(a) a summons requiring a person to appear as a witness; and
(b) a summons to an accused that has been issued under article 60(7) of the Statute.

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:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;