Other types of assistance - authority - ICC proceedings

New Zealand

International Crimes and International Criminal Court Act 2000

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Other types of assistance

113.
Request for other types of assistance—

(1)This section applies if the ICC requests any other type of assistance under article 93(1)(l) of the Statute for the purposes of facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC.

(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.

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Restrictions on provision of assistance

115.
Postponement of execution of assistance—

(1)The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if,—

(d)the request is for assistance under article 93(1)(l) of the Statute and is one to which section 113(4) applies; or

PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION

Miscellaneous

122.
Request may relate to assistance sought by defence—

To avoid doubt, if the ICC makes a request under Part 9 of the Statute to assist a defendant in the preparation of his or her defence, that request must be dealt with in the same manner as a request for assistance of a similar type, to assist the Prosecutor.

Cf Statute, article 57(3)(b)

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:

(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.