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

Miscellaneous

123.
Execution of request by Prosecutor—

(1)The Prosecutor may execute a request that does not involve any compulsory measures on New Zealand territory in the circumstances specified in article 99(4) of the Statute.

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

PART 9 - INVESTIGATIONS OR SITTINGS OF ICC IN NEW ZEALAND

166.
Prosecutor may conduct investigations in New Zealand—

The Prosecutor may conduct investigations in New Zealand territory—

(a)in accordance with the provisions of Part 9 of the Statute and as specified in section 27; or

(b)as authorised by the Pre-Trial Chamber under article 57(3)(d) of the Statute.

Cf Statute, articles 54(3), 57(3)(d), 99(1) and (4)

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.