National procedures for execution of cooperation request


International Criminal Court Implementation Act 2002

Section 3
1. A request received from the ICC, in accordance with the Statute, for cooperation, for enforcement or for prosecution of an offence against the administration of justice of the ICC shall be dealt with by Our Minister. If the request is not addressed to Our Minister, the addressee shall immediately transmit the request to him.
2. Unless Our Minister is able to deal with the request himself or considers that additional information is first required from the ICC, and subject to subsections 3 and 4, he shall immediately transmit the request to the public prosecutor at The Hague District Court.
3. If the request relates to the enforcement of a sentence of imprisonment imposed by the ICC, Our Minister shall act in accordance with the provisions of sections 67 and 68.
4. If the request relates to the enforcement of an order for reparations as referred to in article 75 of the Statute, Our Minister shall take the necessary measures for the proper enforcement of the order. If the order entails an obligation on the convicted person to pay a sum of money for the benefit of one or more beneficiaries, Our Minister shall immediately transmit the request to the public prosecutor at The Hague District Court, who will then act in accordance with sections 72 and 83.
5. A request for assistance shall be dealt with by Our Minister or by the authorities designated by him for this purpose.
6. Our Minister shall regularly inform the ICC of the progress made in dealing with the requests.

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;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

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

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

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

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.