Examination of places or sites - national procedures for ICC proceedings


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

Part 1—Preliminary

4 Definitions
examination of a site that is a grave includes exhumation of the grave.

Part 2—General provisions relating to requests by the ICC for cooperation

7 What constitutes a request for cooperation
(viii) the examination of places or sites;

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

Part III—Assistance in relation to search and seizure
15 Requests by foreign countries for search and seizure—action by Attorney General
(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that evidential material relating to the investigation or proceeding is located in Australia; and
(c) the foreign country requests the Attorney General to arrange for the evidential material to be obtained;
the Attorney General may, in his or her discretion, authorise a police officer, in writing, to apply to a Magistrate or eligible Federal Circuit Court Judge for one or more search warrants in respect of the evidential material.
Note: Divisions 2 and 3 of Part VIIA make provision relating to applications for, and the issue and execution of, search warrants requested by foreign countries.

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;