Search and seizure - authority - ICC proceedings

Belgium

Belgium - Act on Cooperation with ICC 2004 EN

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION I PRINCIPLES

Article 22
Requests for assistance from the Court in relation to an investigation or prosecution must be addressed directly to the central authority.
In accordance with article 93 of the Statute, such requests may include any act that is not prohibited by Belgian law, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court. They concern in particular:
(8) the execution of searches and seizures;

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITRE V OTHER FORMS OF COOPERATION
SECTION IV RULES SPECIFIC TO CERTAIN REQUESTS FOR ASSISTANCE

Article 26
Searches and seizures requested by the Court shall be executed in accordance with Belgian law, with no need for the request to be rendered enforceable. Before the transmission of documents to the Court, the chambre du conseil of the court of first instance of the place where the documents were filed shall rule, within five days of any application filed with it, on any claims by third parties who are owners or assert rights over the material. Its ruling shall be final and not subject to appeal by third parties.

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:

(h) The execution of searches and seizures;