'Availability of procedures under national law' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 1
Definitions, Objects and Interpretation of an Act (ss 1-3)

3 Objects of Act

(e) in the event of the national prosecuting authority declining or being unable to prosecute a person as contemplated in paragraph (d), to enable the Republic to cooperate with the Court in the investigation and prosecution of persons accused of having committed crimes or offences referred to in the Statute, and in particular to

(i) enable the Court to make requests for assistance;

(ii) provide mechanisms for the surrender to the Court of persons accused of having committed a crime referred to in the Statute;

(iii) enable the Court to sit in the Republic; and

(iv) enforce any sentence imposed or order made by the Court.

RELEVANT ROME STATUTE PROVISIONS

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.