Service of documents - national procedures for ICC proceedings


Ireland - ICC Act 2006 EN

Part 5
Other Requests

(1) A request from the International Criminal Court for the service of documents, including summonses or other judicial documents, may, subject to section 4, be sent by the Minister to the Commissioner of the Garda Síochána.

(2) The Commissioner shall—

(a) cause the documents to be served in accordance with the request by a member of the Garda Síochána and send proof of the service to the Minister for transmission to the Court, or
(b) if it is not possible to effect service, notify the Minister accordingly, stating the reason for the non-service.

(3) If the document to be served is a summons requiring attendance before the Court as a witness, it shall be accompanied by a notice stating—

(a) that the person on whom it is served may wish to seek advice as to the possible consequences of failure to comply with the summons,
(b) that under the Statute the person may not have the same rights and privileges in proceedings before the International Criminal Court as those of witnesses in criminal proceedings before a court in the State, and
(c) that, as the case may be, the Court—

(i) has provided an assurance to the person that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded his or her departure from the State, or
(ii) has authority under Article 93.2 to do so.

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;