Preservation of evidence - national procedures for ICC proceedings


International Criminal Court Act 2007, No.26


72. Assistance in protecting victims and witnesses and preserving evidence -

(1) Where the ICC requests -

(a) assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence;
(b) assistance under article 19(8), or article 56(2) or (3), in preserving evidence, in relation to an investigation by, or a proceeding before the ICC, 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 shall without delay -

(a) use its best endeavours to give effect to the request;
(b) make such report on the outcome of its endeavours as it considers to be appropriate in the circumstances; and
(c) deliver the report to the Minister.

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:

(j) The protection of victims and witnesses and the preservation of evidence;