Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - authority - ICC proceedings


International Criminal Court Act 2007, No.26


65. Assistance in facilitating temporary transfer of prisoner - Where the ICC requests assistance in facilitating the temporary transfer to the ICC of a prisoner serving a sentence in Samoa for an offence against the law of that country, 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 prisoner’s assistance is sought for the purpose of identification or obtaining evidence or other assistance.

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:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.