'Direct execution of requests on State territory' in document 'Switzerland: Law on Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION II: SPECIFIC FORMS OF COOPERATION

Art. 38 Investigative measures on Swiss territory

1 Upon request of the Prosecutor, the Central Authority may authorize the Prosecutor to conduct investigative measures on Swiss territory as indicated in article 99 paragraph 4 of the Statute.

2 The Central Authority shall inform the authorities which would be responsible for the investigative acts according to Swiss law.

RELEVANT ROME STATUTE PROVISIONS

Article 99
Execution of requests under articles 93 and 96
4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:
(a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;
(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.