Part 3 Other forms of assistance

Forms of assistance

36 Provision of records and documents

(1) This section applies where the Secretary of State receives a request from the ICC for the provision of records and documents relating to—
(a) the evidence given in any proceedings in England and Wales or Northern Ireland in respect of conduct that would constitute an ICC crime, or
(b) the results of any investigation of such conduct with a view to such proceedings.

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:
(i) The provision of records and documents, including official records and documents

This provision is narrower than the ICC Statute.

The ICC Act 2001 limits documents that may be transferred to the ICC to court records and investigative documents, which is narrower than the duty contemplated by the Rome Statute. For example, coroners records or the records of a judicial inquiry, which may be pertinent to an ICC investigation would not be within the power set out in section 36. Further, cabinet or foreign office records, which could clearly be pertinent to ICC investigations, are not included within the ambit of section 36.