Search and seizure - authority - ICC proceedings

Samoa

International Criminal Court Act 2007, No.26

PART I
PRELIMINARY

3. Interpretation -
(1) In this Act, unless the contest otherwise requires – “court” means the Supreme Court; “crime within the jurisdiction of the ICC” means:

(b) an offence against the administration of justice over which the ICC has jurisdiction under article 70 of the Statute;

“seizing order” means an order authorising a police officer to search for any property and to seize the property if found or any other property that the police officer believes on reasonable grounds may relate to the request from the ICC;

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE


28. Requests for assistance -

A request for assistance is a request made by the ICC to the Minister, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, in relation to a crime within the jurisdiction of the ICC, for:

(a) assistance in respect of any one or more of the following, namely –

(ix) the execution of searches and seizures;

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE

70. Assistance involving search and seizure-(1) Where the ICC makes a request for search and seizure, the Minister shall give authority for the request to proceed and authorise in writing, a police officer to apply to a Judge for a search warrant if the Minister has reasonable grounds to believe that any thing relevant to an investigation being conducted by the Prosecutor or proceeding before the ICC is or may be located in Samoa.

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:

(h) The execution of searches and seizures;