Facilitating voluntary appearance of persons - national procedures for ICC proceedings


Liechtenstein - Cooperation with the ICC 2004 EN

II. Specific provisions

B. Judicial assistance; procedural provisions

Article 17

(1) The International Criminal Court or International Tribunal shall be authorised to serve directly by post summonses and other documents on persons who are in Liechtenstein. This shall not preclude service via the Ministry of Justice.

(2) The person summoned is not obliged to acquiesce to the summons. At the request of the person summoned, of the accused or of their counsel, the Ministry of Justice shall obtain from the International Criminal Court or International Tribunal the assurance that the person shall not be subject to prosecution, arrest or detention on account of an act engaged in prior to the person’s exit from the Principality of Liechtenstein.

(3) At the request of the International Criminal Court or International Tribunal, the Liechtenstein court shall transfer an appropriate advance for travel costs to witnesses and experts summoned by the Court or Tribunal who apply for it. Should the witness or expert fail to attend the trial at the Court or Tribunal or otherwise fail to fulfil the obligations arising from the summons, such an advance shall be recovered.

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:

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;