Obligation to cooperate

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 - International Criminal Court Act No. 41 2002 (2018) EN

Part 1—Preliminary

3 Principal object of Act
(1) The principal object of this Act is to facilitate compliance with Australia’s obligations under the Statute.

Australia - Mutual Assistance in Criminal Matters Act No. 85 1987 (2018)

Part II—Assistance in relation to taking of evidence and production of documents or other articles
Division 2—Requests by foreign countries
13AA Enforcement of orders
(1) If a Magistrate or eligible Federal Circuit Court Judge is conducting a proceeding under subsection 13(2) and makes an order relating to the conduct of the proceeding, the order must be complied with.
(2) In the case of an eligible Federal Circuit Court Judge, subject to the Rules of Court made under the Federal Circuit Court of Australia Act 1999, the order may be enforced as if the order were an order of the Federal Circuit Court of Australia.
(3) In any other case, subject to the rules of the court of which the Magistrate is a member, the order may be enforced as if the order were an order of that court.

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.