Production 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

45. Production of documents and articles.
(1) Where the ICC requests assistance in the production of documents or articles under articles 19(8),56,64,or 93(1)b, of the Statute the Minister shall give authority for the request to proceed and transmit the request to a Registrar, if the Minister is satisfied that there are reasonable grounds to believe that the documents or articles can be produced in Uganda.

(2) Where the Minister authorises and transmits the request under subsection (1), the Registrar shall issue an order for the production of the documents or articles.

(3) The order may provide for any form of certification or authentication of the document or article as may be required by the ICC and may specify any other terms and conditions that may be appropriate in the circumstances.

(4) Where the documents and articles are produced, the Registrar shall cause them to be sent to the Minister, with a written statement signed by the registrar, that they were produced to him or her.

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

63. Transmission of material to ICC.
(1) Any evidence or other material obtained under this Part by a person other than the Minister together with any requisite verification shall be sent to the Minister for transmission to ICC.

(2) Where any evidence or other material is to be transmitted to the ICC there shall be transmitted –
(a) where the material consists of a document, the original or a copy; and

(b) where the material consists of any other article, the article itself or a photograph or other description of it as may be necessary to comply with the request of the ICC.

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;