Request by State for ICC assistance


Cooperation Ordinance with the International Criminal Court Ordinance No. 2003.69

Legal assistance from the International Criminal Court

An application by a Swedish prosecutor or court for legal assistance shall, in accordance with that stated in Chapter 3, Section 1, first paragraph of the International Legal Assistance in Criminal Matters Act (2000:562) contain information concerning
1. the judge or prosecutor who is dealing with the case or matter, or some other person at the authority who may be contacted,
2. address, telephone and telefax numbers and, where available, e-mail address, and
3. the case or reference number.
The application may also contain details of the procedure or conditions that the International Criminal Court should observe when the requested measure is executed and also the reasons for this.
The application shall be submitted to the Ministry of Justice to be forwarded to the Registrar of the International Criminal Court.

International Legal Assistance in Criminal Matters Act (2000:562)

Chapter 4. Special provisions concerning different measures of legal assistance

Examination in conjunction with preliminary investigation

Section 1

A request for hearing in Sweden in accordance with the provisions relating to preliminary investigations in criminal matters is executed by a prosecutor.

Representatives for the requesting authority may participate at the hearing and may, with the permission of the prosecutor, present questions directly to the person being heard.

Chapter 4. Special provisions concerning different measures of legal assistance

Taking of evidence in courts

Taking of evidence in foreign courts

Section 6

In a case or a matter at a Swedish court, the court may decide that evidence shall be taken in a foreign court. Such taking of evidence may relate to conduct of a viewing, written evidence or hearing of a witness, expert, party, the aggrieved person or the person referred to in Chapter 36, Section 1, second and third paragraphs of the Code of Judicial Procedure.

Section 7

If measures referred to in Chapter 23, Sections 13-15, of the Code of Judicial Procedure shall be taken in a foreign court and the foreign state requires that the request first shall be considered by a court in Sweden, a district court may at the request of a prosecutor decide that such measures shall be taken abroad.

Rome Statute

Article 93 Other forms of cooperation


(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.


b. The questioning of any person detained by order of the Court;

(i) The assistance provided under subparagraph (a) shall include, inter alia:

a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and

(ii) In the case of assistance under subparagraph (b) (i) a:

a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;

b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.

(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.