Taking of evidence - national procedures for ICC proceedings


The International Criminal Court Act 2010

Part V – Domestic Procedures for Other Types of Co-operation

Locating or Identifying Persons of Things

44. Taking evidence.
(1) Where the ICC requests assistance under article 93(1)(b) of the Statute in the taking of evidence, the Minister shall give authority for the request to proceed and transmit the request to a Registrar, if the Minister has reasonable grounds to believe that the evidence that the evidence can be taken in Uganda.
(2) Where the Minister authorises and transmits the request under subsection (1), the Registrar shall issue an order compelling the witness to appear at a specified time and place for the evidence to be taken.

(3) Where the ICC requests that a representative of the ICC or a representative of the person to whom the request relates be permitted to be present at the taking of the evidence, and to put questions to the witness, the Registrar shall make an order to that effect.

(4) An order made under subsection (3) may also provide –

(a) that the evidence shall be taken before a Judge, Registrar or any other person designated by the registrar, including an official of the ICC;

(b) that evidence shall be taken on oath or affirmation;

(c) for any other matters as may be appropriate in the circumstances.

(5) In making an order under this section, the Registrar shall, to the greatest extent possible, comply with the terms of the request for assistance submitted by the ICC.

(6) Unless the Registrar orders that the evidence shall be taken in accordance with the Statute and Rules of Procedures and Evidence, the evidence shall be taken in accordance with the laws of Uganda.

(7) Notwithstanding an order made under subsection (5), a person compelled to give evidence under this section, shall have the same privileges in relation to answering questions as if the investigation or proceeding was being conducted in Uganda and the laws of Uganda relating to the non-disclosure of information, including national security information, shall apply.

(8) The Judge, Registrar or other person, taking evidence under this section shall –

(a) certify that the evidence was taken before him or her and that the persons named in the certificate were present when the evidence was taken; and

(b) cause the evidence together with the certificate to be transmitted 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:

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