'Offences against administration of justice' in document 'Netherlands: ICC Implementation Act 2002'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 1. GENERAL PROVISIONS
Section 3
1. A request received from the ICC, in accordance with the Statute, for cooperation, for enforcement or for prosecution of an offence against the administration of justice of the ICC shall be dealt with by Our Minister. If the request is not addressed to Our Minister, the addressee shall immediately transmit the request to him.
2. Unless Our Minister is able to deal with the request himself or considers that additional information is first required from the ICC, and subject to subsections 3 and 4, he shall immediately transmit the request to the public prosecutor at The Hague District Court.

CHAPTER 1. GENERAL PROVISIONS

Section 10

In so far as not provided otherwise in this Act, it shall also apply to a request of the ICC for cooperation or enforcement in respect of an offence against the administration of justice of the ICC as referred to in article 70, paragraph 1 of the Statute.

CHAPTER 4. ENFORCEMENT OF SENTENCES

Section 56

3. A pardon may be requested and granted, in accordance with article 558 of the Code of Criminal Procedure, in respect of sentences of imprisonment which have been imposed by the ICC for offences against the administration of justice of the ICC as referred to in article 70, paragraph 1, of the Statute and in respect of other sentences imposed by the ICC if enforcement takes place in the Netherlands. Before a decision is taken on the granting of a pardon, Our Minister shall consult with the ICC in order to learn its views.

RELEVANT ROME STATUTE PROVISIONS

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

ANALYSIS

This provision follows the ICC Statute.