'Request by State for ICC assistance' in document 'Switzerland: Law on Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II: COOPERATION WITH THE COURT
Section 3: Communication with the Court

Art. 11 Swiss requests

1 Cantonal or federal prosecution authorities may request the cooperation of the Court in the case of serious crimes. The Central Authority shall forward such requests to the Court.

2 The documents shall be transmitted in French or English, or be accompanied by a translation into one of these languages. For the rest, the conditions for requests of the Court shall apply by analogy to Swiss requests.

3 Conditions placed by the Court on the execution of a request shall be respected by the Swiss authorities.

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.