Questioning of persons - authority - ICC proceedings

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:

(iv) the questioning of any person being investigated or prosecuted;

Part 4—Other requests by ICC

Division 6—Questioning of person being investigated or prosecuted


70 Assistance in questioning persons

(1) This section applies if:
(a) the ICC requests assistance in questioning a person; and
(b) the Attorney General is satisfied that:
(i) the request relates to an investigation of the person that is being conducted by the Prosecutor or to a prosecution of the person before the ICC; and
(ii) the person is or may be in Australia.

(2) The Attorney General is to execute the request by authorising, in writing, the questioning of the person.

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 6—Questioning of person being investigated or prosecuted

70 Assistance in questioning persons

(1) This section applies if:

the ICC requests assistance in questioning a person; and

the Attorney-General is satisfied that:

the request relates to an investigation of the person that is being conducted by the Prosecutor or to a prosecution of the person before the ICC; and

the person is or may be in Australia.

(2) The Attorney-General is to execute the request by authorising, in writing, the questioning of the person.

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:

(c) The questioning of any person being investigated or prosecuted;