ICC sitting in State territory

Trinidad and Tobago

The International Criminal Court Act 2006


167. The ICC may sit in Trinidad and Tobago for the purpose of performing its functions under the Statute and under the Rules, including, without limitation—
(a) taking evidence;
(b) conducting or continuing a proceeding;
(c) giving judgment in a proceeding; or
(d) reviewing a sentence.
168. While the ICC is sitting in Trinidad and Tobago, it may exercise its functions and powers as provided under the Statute and under the Rules.

169. The ICC may, at any sitting of the ICC in Trinidad and Tobago, administer an oath or affirmation giving an undertaking as to truthfulness in accordance with the practice and procedure of the ICC.
170. No application for judicial review and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be brought in respect of any judgment or order or determination of the ICC that is made or given at a sitting of the ICC in Trinidad and Tobago.
171. (1) A person in Trinidad and Tobago shall be kept in custody as the Minister directs in writing if—
(a) the ICC holds any sitting in Trinidad and Tobago; and
(b) the ICC requests that the person whose presence is required at the proceedings be held in custody as an ICC prisoner while the sitting continues in Trinidad and Tobago.
(2) A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction.
(3) If an ICC prisoner is directed to be detained in a prison under subsection (1), the Prisons Act, so far as applicable and with all necessary modifications, applies with respect to that prisoner as if the prisoner had been remanded in custody or sentenced to imprisonment for an offence against the law of Trinidad and Tobago, as the case may require, and is liable to be detained in a prison accordingly.
(4) An ICC prisoner who is in custody in a Trinidad and Tobago prison or other detention facility is deemed to be in lawful custody while in Trinidad and Tobago.
172. If the Minister is satisfied that the presence of an ICC prisoner who was the subject of a direction under section 171(1) is no longer necessary, sections 150 to 156 apply with any necessary modifications to that person.

Rome Statute

Article 3 Seat of the Court

3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.


ARTICLE 12 Exercise of the Functions of the Court outside its Headquarters

In the event that the Court, pursuant to article 3, paragraph 3, of the Statute, considers it desirable to sit elsewhere than at its headquarters at The Hague in the Netherlands, the Court may conclude with the State concerned an arrangement concerning the provision of the appropriate facilities for the exercise of its functions.