Examination of places or sites - 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:

(viii) the examination of places or sites;

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:

the examination of places or sites;

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 10—Examination of places or sites

76 Assistance in examining places or sites

(1) This section applies if:

the ICC requests assistance in examining places or sites in Australia; and

the Attorney-General is satisfied that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC.

(2) The Attorney-General is to execute the request by authorising, in writing, the examination of the places or sites.

(3) If the Attorney-General authorises the examination of a place or site, an appropriate authority is to:
examine the place or site in the way sought in the request; and

make such report on the examination as the authority considers appropriate in the circumstances; and
send the report to the Attorney-General.

(4) An authorisation under this section confers power on a person acting under the authorisation to enter a place or site for the purpose of examining it.

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:

(g) The examination of places or sites, including the exhumation and examination of grave sites;