Request by State for ICC assistance

Australia

Australia - ICC Act 2002 (2016)

Part 13—Requests by Australia to ICC


179 Application of Part

This Part applies where:

(a) an investigation is taking place in Australia; or
(b) a prosecution has been instituted in Australia;
in respect of conduct that is a crime within the jurisdiction of the ICC or is an indictable offence against Australian law.


180 Request by Attorney General

(1) The Attorney General may request the ICC to provide assistance under paragraph 10 of article 93 of the Statute in connection with the investigation or prosecution.

(2) The assistance that may be requested includes, but is not limited to, the following:

(a) the sending of statements, documents or other types of evidence obtained in the course of an investigation or trial conducted by the ICC;
(b) the questioning of a person detained by order of 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 13—Requests by Australia to ICC

179 Application of Part

This Part applies where:
an investigation is taking place in Australia; or

a prosecution has been instituted in Australia;

in respect of conduct that is a crime within the jurisdiction of the ICC or is an indictable offence against Australian law.

180 Request by Attorney-General

The Attorney-General may request the ICC to provide assistance under paragraph 10 of article 93 of the Statute in connection with the investigation or prosecution.

The assistance that may be requested includes, but is not limited to, the following:

the sending of statements, documents or other types of evidence obtained in the course of an investigation or trial conducted by the ICC;

the questioning of a person detained by order of the ICC.

Rome Statute

Article 93 Other forms of cooperation

10.

(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.

(b)

b. The questioning of any person detained by order of the Court;

(i) The assistance provided under subparagraph (a) shall include, inter alia:

a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and

(ii) In the case of assistance under subparagraph (b) (i) a:

a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;

b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.

(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.