PART 10 - REQUESTS TO ICC FOR ASSISTANCE
Attorney-General or Minister may request assistance from ICC—
The Attorney-General or the Minister, as the case may be, may make a request to the ICC for assistance in accordance with this Part in an investigation into, or trial in respect of, conduct that may constitute a crime within the jurisdiction of the ICC or that constitutes a crime for which the maximum penalty under New Zealand law is a term of imprisonment of not less than 5 years.
Cf 1992 No 86 ss 7, 8; Statute, article 93(10)
Making of request—
An urgent request for assistance may be made or transmitted to the ICC in the manner specified in section 26(1).
Cf Statute, article 96(4)
Types of requests to ICC—
A request may be made under this Part for any assistance that the ICC may lawfully give including, without limitation,—
(a)the transmission of statements, documents, or other types of evidence obtained in the course of an investigation or a trial conducted by the ICC; and
(b)the questioning of any person detained by order of the ICC.
Cf Statute, article 93(10)(b)(i)
Mutual Assistance in Criminal Matters Act 1992 applies to requests—
Part 2 of the Mutual Assistance in Criminal Matters Act 1992 applies, with any necessary modifications, in relation to the request for assistance of the kind specified in that Act, and any assistance provided as a result, as if the ICC were a foreign country within the meaning of that Act, subject to any contrary provision in the Statute or the Rules.
Extradition Act 1999 applies to requests for surrender—
Part 6 of the Extradition Act 1999 applies, with any necessary modifications, in relation to the surrender or temporary surrender of a person by the ICC to New Zealand, as if the ICC were an extradition country within the meaning of that Act, subject to any contrary provision in the Statute or the Rules.
(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.