Service of documents - national procedures for ICC proceedings

Japan

Japan - ICC Cooperation Act 2007 EN

Chapter II Cooperation with the International Criminal Court

Section 2 Provision of Evidence, etc.

Subsection 2 Judicial Examination of Evidence and Service of Documents

(Measures by the Minister of Justice)
Article 14 Where the Minister of Justice has received documents sent by the Minister of Foreign Affairs pursuant to the provisions of Article 4 concerning a request for cooperation through a judicial examination of evidence or the service of documents, when the case does not fall under any of the items of Article 6, paragraph (1), the Minister of Justice shall sent the documents concerning said request for cooperation to the appropriate district court.


(Measures by the Court, etc.)
Article 15 (1) The provisions of Article 1, paragraph (2), Article 1-2, paragraph (1) (excluding items (i), (v), and (vi)), and Articles 2 and 3 of the Act on Assistance Based on Commission by Foreign Courts (Act No. 63 of 1905) shall apply mutatis mutandis to cooperation through a judicial examination of evidence or the service of documents.

(2) When the district court provided for in the preceding Article has completed the judicial examination of evidence or the service of documents, it shall promptly send the evidence obtained through the judicial examination of evidence to the Minister of Justice or notify him/her of the results of the service of documents.


(Mutatis Mutandis Application)
Article 16 The provisions of Article 12 and Article 13, paragraph (1) (excluding item (iii)) shall apply mutatis mutandis to where the Minister of Justice has taken measures related to cooperation through a judicial examination of evidence or the service of documents under the provisions of Article 14. In this case, the term "paragraph (1), item (i) of said Article" in Article 12 shall be deemed to be replaced with "Article 6, paragraph (1), item (i)."

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:

(d) The service of documents, including judicial documents;

(i) The provision of records and documents, including official records and documents;