Victims' protection - national procedures for ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000


Protecting victims and witnesses and preserving evidence

Protecting victims and witnesses and preserving evidence—

(1)This section applies if the ICC requests—

(a)assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence:

(b)assistance under article 19(8), or paragraphs (2) or (3) of article 56, in preserving evidence.

(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 assistance sought is not prohibited by New Zealand law.

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

(a)the Attorney-General must—

(i)take such steps as the Attorney-General thinks appropriate in the particular case; and

(ii)forward the request to the appropriate New Zealand agency; and

(b)that agency must, without delay,—

(i)use its best endeavours to give effect to the request; and

(ii)make such report on its endeavours as it considers to be appropriate in the circumstances; and

(iii)deliver the report to the Attorney-General.

Cf Statute, articles 19(8), 56(2) and (3), 68, 93(1)(j)

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:

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