Cooperation of State

Australia

Australia - Criminal Code 1995 (2016) Vol 2

Chapter 8—Offences against humanity and related offences

Division 268—Genocide, crimes against humanity, war crimes and crimes against the administration of the justice of the International Criminal Court

Subdivision K—Miscellaneous

268.119 Offences related to exercise of jurisdiction of International Criminal Court

(1) A person must not:
(a) intentionally contravene an order that the International Criminal Court makes while sitting in Australia; or
(b) otherwise intentionally hinder the International Criminal Court in performing its functions while sitting in Australia.

Penalty: Imprisonment for 2 years.

(2) In this section:
Australia includes all the external Territories.

Australia - Director of Public Prosecutions Act 1983 (2015)

6 Functions of Director

(k) to appear in proceedings under the Extradition Act 1988, the International War Crimes Tribunals Act 1995, the International Criminal Court Act 2002 or the Mutual Assistance in Criminal Matters Act 1987;

An Act to establish an Office of the Director of Public Prosecutions and for related purposes

6 Functions of Director

(1) The functions of the Director are:

(k) to appear in proceedings under the Extradition Act 1988, the International War Crimes Tribunals Act 1995, the International Criminal Court Act 2002 or the Mutual Assistance in Criminal Matters Act 1987;

Australia - ICC Act 2002 (2016)

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 1—Preliminary

3 Principal object of Act

The principal object of this Act is to facilitate compliance with Australia’s obligations under the Statute.

Accordingly, this Act does not affect the primacy of Australia’s right to exercise its jurisdiction with respect to crimes within the jurisdiction of the ICC.

Rome Statute

Article 86 General obligation to cooperate

States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.