Spans in 'UK ICC Act 2001' tagged with 'Questioning of persons - authority

'Questioning of persons - authority - ICC proceedings' in document 'UK ICC Act 2001'

Jump to:

More information about the keyword 'Questioning of persons - authority - ICC proceedings'
More information about the document 'UK ICC Act 2001'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 3 Other forms of assistance

Forms of assistance

28 Questioning

(1) This section applies where the Secretary of State receives a request from the ICC for assistance in questioning a person being investigated or prosecuted.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(c) The questioning of any person being investigated or prosecuted

ANALYSIS

This provision follows the ICC Statute.

The Act sets out a national procedure for the questioning of persons in connection with ICC crimes. In order for a person to be questioned under this procedure the individual must consent to questioning, and in general such consent must be given in writing. Whilst a person questioned must be informed of thier rights under article 55 it appears that these rights may be waived.