ICC sitting in State territory


The International Criminal Court Act 2010

Part VIII – Investigations or Sittings of ICC in Uganda

91. ICC sittings in Uganda.
The ICC may sit in Uganda 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 proceedings;

(c) giving judgement in a proceeding; or

(d) reviewing a sentence.

92. ICC powers while sitting in Uganda.
(1) While the ICC is sitting in Uganda, it may perform and exercise its functions and powers as provided under the Statute and under the Rules.

(2) In the performance of its functions, the ICC shall have the power—

(a) to issue summons or other orders requiring the attendance of any person before the ICC and the production of any document or record relevant to any investigation by the ICC;

(b) to question any person in respect of any subject matter under investigation before the ICC;

(c) to require any person to disclose any information within his or her knowledge relevant to any investigation by the ICC; and

(d) to commit persons for contempt of its orders.

93. ICC may administer oaths in Uganda.
The ICC may, at any sitting of the ICC in Uganda, administer an oath or affirmation giving an undertaking as to truthfulness in accordance with the practice and procedure of the ICC.

94. Orders made by ICC not subject to review.
No application for review and no application for an order of mandamus or prohibition or certiorari or for a declaration or injunction may be entertained in respect of any judgement or order or determination of the ICC that is made or given at a sitting of the ICC in Uganda.

95. Power to detain ICC prisoners in Uganda prison.
(1) A person in Uganda shall be kept in such custody as the Minister directs in writing if—
(a) the ICC holds any sitting in Uganda; 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 Uganda.

(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, shall apply with respect to that prisoner as if the prisoner had been remanded in custody or sentence to imprisonment for an Uganda offence, as the case may require, and is liable to be detained in a prison under such an order or sentence.

(4) for the purposes of section 109 of the Penal Code (which relates to escape from lawful custody) and section 110 (which relates to aiding prisoners to escape) and ICC prisoner who is in custody in a Uganda prison or other detention facility shall be deemed to be in lawful custody while in Uganda.

96. Removal of ICC prisoner
If the Minister is satisfied that the presence of an ICC prisoner who was the subject of a direction under section 95(1) is no longer necessary, sections 77 to 80 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.