'Request by State for ICC assistance' in document 'Sweden: Cooperation Ordinance '

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Legal assistance from the International Criminal Court

SECTION 5
An application by a Swedish prosecutor or court for legal assistance shall, in accordance with that stated in Chapter 3, Section 1, first paragraph of the International Legal Assistance in Criminal Matters Act (2000:562) contain information concerning
1. the judge or prosecutor who is dealing with the case or matter, or some other person at the authority who may be contacted,
2. address, telephone and telefax numbers and, where available, e-mail address, and
3. the case or reference number.
The application may also contain details of the procedure or conditions that the International Criminal Court should observe when the requested measure is executed and also the reasons for this.
The application shall be submitted to the Ministry of Justice to be forwarded to the Registrar of the International Criminal Court.

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.