Facilitating voluntary appearance of persons

Australia

Australia - ICC Act 2002 (2016)

Part 2—General provisions relating to requests by the ICC for cooperation

7 What constitutes a request for cooperation

(1) A request for cooperation is a request made by the ICC to Australia, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, for:

(a) assistance in connection with any one or more of the following:

(vi) facilitating the voluntary appearance of persons (other than prisoners) before the ICC;

Part 4—Other requests by ICC

Division 8—Facilitating the voluntary appearance of persons (other than prisoners) as witnesses or experts before the ICC


73 Persons (other than prisoners) assisting investigation or giving evidence

(1) This section applies if:

(a) the ICC requests assistance in facilitating the voluntary appearance of a person as a witness or expert before the ICC; and
(b) the Attorney General is satisfied that:
(i) the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(ii) the person’s appearance is requested so that the person can assist the investigation or give evidence at the proceeding; and
(iii) the person is in Australia and is not a prisoner; and
(iv) the person has consented in writing to assisting the investigation or giving evidence at the proceeding.

(2) The Attorney General is to execute the request by making arrangements for the travel of the person to the ICC.

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

Part 2—General provisions relating to requests by the ICC for cooperation

7 What constitutes a request for cooperation

(1) A request for cooperation is a request made by the ICC to Australia, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, for:

(a) assistance in connection with any one or more of the following:

facilitating the voluntary appearance of persons (other than prisoners) before the ICC;

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

Part 4 Other requests by ICC

Division 8—Facilitating the voluntary appearance of persons (other than prisoners) as witnesses or experts before the ICC

73 Persons (other than prisoners) assisting investigation or giving evidence

(1) This section applies if:

the ICC requests assistance in facilitating the voluntary appearance of a person as a witness or expert before the ICC; and

the Attorney-General is satisfied that:

the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

the person’s appearance is requested so that the person can assist the investigation or give evidence at the proceeding; and

the person is in Australia and is not a prisoner; and

the person has consented in writing to assisting the investigation or giving evidence at the proceeding.

(2) The Attorney-General is to execute the request by making arrangements for the travel of the person to the ICC.

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;