National procedures for execution of cooperation request

Switzerland

Federal Law on Cooperation with the International Criminal Court 2001

CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 3 Central Authority

2 The Central Authority shall have the following responsibilities in particular:
b. It shall decide on the admissibility of cooperation, on cooperation procedures, and, if applicable, challenge the jurisdiction of the Court.
c. It shall order necessary measures, the scope of these measures, and the manner of execution of the request, and it shall designate the federal authorities or the canton responsible for the execution of the request.

CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 5 Executing authorities

1 The cantonal and federal authorities designated to execute requests of the Court shall execute the measures ordered by the Central Authority expeditiously and without taking their own procedural steps of substantive nature.

2. Acts of the executing authorities cannot be appealed.

CHAPTER II: COOPERATION WITH THE COURT
Section 3: Communication with the Court

Art. 10 Form and transmission of requests of the Court

1 Requests of the Court shall be made in writing. The Central Authority may receive requests directly from organs of the Court.

2 Requests and supporting documentation shall be submitted in German, French, or Italian, or shall be accompanied by an officially certified translation into one of these languages.

3 Subject to subsequent confirmation through ordinary channels, requests for provisional measures, searches, arrests, and other urgent requests may be transmitted:
a. through the International Criminal Police Organization (Interpol); or
b. by any medium capable of delivering a written record.

4 The Central Authority shall immediately inform the Court of the inadmissibility or denial of a request and shall explain its decision. The Central Authority shall consult with the Court before the definite denial of a request.

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:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

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

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

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

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

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

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

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.