'Request by State for ICC assistance' in document 'Uganda - ICC Act 2010'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part IX – Requests to ICC for Assistance

97. Minister may request assistance from ICC.
The minister may make a request to the ICC for assistance in accordance with this Part in an investigation into, or trial in respect of, conduct that may constitute a crime within the jurisdiction of the ICC or that constitutes a crime for which the maximum penalty under Uganda law is a term of imprisonment of not less than 5 years.

98. Urgent requests.
An urgent request for assistance may be made or transmitted to the ICC in the manner specified in article 96(1) of the Statute.

99. Types of requests to ICC.
A request may be made under this Part for any assistance that the ICC may lawfully give including, but not limited to—

(a) the transmission of statements, documents, or other types of evidence obtained in the course of an investigation or a trial conducted by the ICC; and

(b) the questioning of any person detained by the order of the ICC.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.