Identification and whereabouts of persons - national procedures for ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000


Identifying or locating persons or things

Assistance in locating or identifying persons or things—

(1)This section applies if the ICC requests assistance under any of articles 19(8), 56, 64, or 93(1)(a) of the Statute in locating, or identifying and locating, a person or a thing believed to be in New Zealand.

(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—

(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

(b)the person to whom or thing to which the request relates is or may be in New Zealand.

(3)If the Attorney-General gives authority for the request to proceed,—

(a)the Attorney-General must forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and

(ii)advise the Attorney-General of the outcome of those endeavours.
(4)This section does not give any person a power to enter property in order to locate a person or item.

Cf Statute, articles 19(8), 56, 64, 93(1)(a)

International War Crimes Tribunals Act 1995

Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

(3) without limiting the generality of subsection (1), a Tribunal may make a request for assistance of any 1 or more of the following types :

(a) arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant :
(b) executing a request for search and seizure:
(c) obtaining evidence or a document or other article:
(d) providing a document or other record:
(e) locating and identifying a witness or suspect:
(f) arranging for a person to give evidence or assist an in-vestigation:
(g) causing the forfeiture of tainted property:
(h) serving documents:
(i) arranging for the Tribunal to sit in New Zealand.

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;