Identification and whereabouts of persons - national procedures for ICC proceedings


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 4 Other requests by ICC

Division 4 Identifying or locating persons or things

63 Assistance in identifying or locating persons or things

(1) This section applies if:

the ICC requests assistance in locating, or identifying and locating, a person or thing; 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 or thing is or may be in Australia.

(2) The Attorney-General is to execute the request by authorising, in writing, the making of inquiries for the purpose of locating, or identifying and locating, the person or thing.

(3) If the Attorney-General authorises the making of such inquiries, an appropriate authority is to locate, or identify and locate, the person or thing.

(4) The authority is to notify the Attorney-General of the result of the inquiries.

(5) This section does not give to any person a power to enter premises.

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:

(a) The identification and whereabouts of persons or the location of items;