Direct execution of requests on State territory

Belgium

Belgium - Act on Cooperation with ICC 2004 EN

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION VI EXECUTION OF ACTS UNDER ARTICLE 99, PARAGRAPH 4 OF THE STATUTE BY THE PROSECUTOR ON BELGIAN TERRITORY

Article 32
Where the Prosecutor wishes to execute acts on Belgian territory as provided in article 99, paragraph 4 of the Statute, the Minister of Justice shall be consulted in accordance with said article. The Minister of Justice, having obtained the prior opinion of the judicial authorities, may refuse that the Prosecutor execute the investigative acts in question on Belgian territory if such acts could be executed, within the same timeframe and according to the procedure provided in this chapter, in response to a request for assistance.

Rome Statute

Article 99 Execution of requests under articles 93 and 96

4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;

(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

Article 101 Rule of speciality

1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.