SECTION 4
When the International Criminal Court requests that a questioning is held with anyone whom there are grounds to believe has committed a crime that can be prosecuted at the Court, the prosecutor shall notify the person to be heard that the questioning will take place at the request of the International Criminal Court and that he or she:
4. is entitled to be heard in the presence of the defence counsel, unless the suspect voluntarily waives the right to the assistance of defence counsel.

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.