Request by State for ICC assistance


International Criminal Court Implementation Act 2002

Section 5
1. At the request of any Dutch authorities responsible for dealing with a criminal case, Our Minister may, in accordance with article 93, paragraph 10, of the Statute, address a request to the ICC for the provision of assistance and cooperation.
2. Documents concerning official acts of investigation and prosecution which have been drawn up by the authorities of the ICC and have been transmitted by them in response to a request shall have the evidential value accorded to documents concerning similar acts performed by Dutch officials, subject to the proviso that their evidential value may not exceed that which they have for the ICC.

Rome Statute

Article 93 Other forms of cooperation


(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.


b. The questioning of any person detained by order of the Court;

(i) The assistance provided under subparagraph (a) shall include, inter alia:

a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and

(ii) In the case of assistance under subparagraph (b) (i) a:

a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;

b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.

(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.