Part 4—Other requests by ICC

Division 16—Miscellaneous


106 Prosecutor may execute request

(1) The Prosecutor may execute a request for cooperation that does not involve the taking of any compulsory measures in Australia in the circumstances specified in paragraph 4 of article 99 of the Statute.

(2) If the Attorney General identifies problems with the execution of a request to which paragraph 4(b) of article 99 of the Statute relates, the Attorney General must, without delay, consult with the ICC in order to resolve the matter.

(3) The provisions of this Act and the Statute, allowing a person heard or examined by the ICC under article 72 of the Statute to invoke restrictions designed to prevent disclosure of confidential information connected with national security, apply to the execution of requests for assistance under article 99 of the Statute.

Part 5—Investigations or sittings of the ICC in Australia

107 Prosecutor may conduct investigations in Australia

The Prosecutor may conduct investigations in Australia:

(a) in accordance with Part 9 of the Statute; or
(b) as authorised by the Pre Trial Chamber under paragraph 3(d) of article 57 of the Statute.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 2—General provisions relating to requests by the ICC for cooperation

10 Execution of requests

A request for cooperation must be executed in accordance with the relevant procedure under the applicable Australian law (as provided in this Act).

If the request states that it should be executed in a particular manner that is not prohibited by Australian law or by using a particular procedure that is not prohibited by Australian law, the Attorney-General must use his or her best efforts to ensure that the request is executed in that manner or by using that procedure, as the case may be.

(3) This section does not affect the operation of subsection 106(1) (which allows the Prosecutor in certain circumstances to execute a request for cooperation to which Part 4 applies) or section 107 (which allows the Prosecutor in certain circumstances to conduct investigations in Australia).

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 2—General provisions relating to requests by the ICC for cooperation

14 Response to be sent to ICC

(1) The Attorney-General must notify the ICC, without undue delay, of his or her response to a request for cooperation and of the outcome of any action that has been taken in relation to the request.

(2) If the Attorney-General decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, wholly or partly, the notice to the ICC must set out the reasons for the decision.

(3) If the request for cooperation cannot be executed for any other reason, the notice to the ICC must set out the reasons for the inability or failure to execute the request.

(4) In the case of an urgent request for cooperation, any documents or evidence produced in response must, if the ICC requests, be sent urgently to it.

(5) Documents or evidence provided or produced in response to a request for cooperation must be sent to the ICC in the original language and form.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 4 Other requests by ICC

Division 16- Miscellaneous

106 Prosecutor may execute request

The Prosecutor may execute a request for cooperation that does not involve the taking of any compulsory measures in Australia in the circumstances specified in paragraph 4 of article 99 of the Statute.

If the Attorney-General identifies problems with the execution of a request to which paragraph 4(b) of article 99 of the Statute relates, the Attorney-General must, without delay, consult with the ICC in order to resolve the matter.

The provisions of this Act and the Statute, allowing a person heard or examined by the ICC under article 72 of the Statute to invoke restrictions designed to prevent disclosure of confidential information connected with national security, apply to the execution of requests for assistance under article 99 of the Statute.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 5—Investigations or sittings of the ICC in Australia

107 Prosecutor may conduct investigations in Australia

The Prosecutor may conduct investigations in Australia:
in accordance with Part 9 of the Statute; or
as authorised by the Pre-Trial Chamber under paragraph 3(d) of article 57 of the Statute.

Article 99
Execution of requests under articles 93 and 96
4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:
(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;
(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.