Part 6
Miscellaneous
59.—
(1) Subject to section 4, the Prosecutor—
(a) may conduct investigations in the State—
(i) in accordance with Part 9 (International Cooperation and Judicial Assistance) of the Statute, or
(ii) in the circumstances mentioned in Article 57.3(d), if authorised by the Pre-Trial Chamber to do so, and
(b) may directly execute in the State a request by the International Criminal Court for assistance, subject to compliance with paragraphs 4 and 5 of Article 99.
(2) Article 55 (rights of persons during an investigation) shall have effect in relation to such investigations.
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.
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.