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

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

II. Specific provisions

A. Investigations and proceedings by the International Criminal Court or an International Tribunal in Liechtenstein

Article 14
Investigations and proceedings

(1) The International Criminal Court or International Tribunal shall be authorised to question witnesses and accused persons independently in Liechtenstein and to inspect public places, without making any changes to them, and to collect further related evidence as long as the Ministry of Justice is given prior notice thereof and is informed of the time and purpose of the investigations and that they do not involve recourse to or the threat of recourse to coercive measures. In such cases, the members and investigators of the International Criminal Court or International Tribunal shall not require any special authorisation to carry out their work in Liechtenstein.

(2) The International Criminal Court or International Tribunal shall be authorised to hold trials, unless the Ministry of Justice refuses such a request owing to grave security concerns in respect of the Principality of Liechtenstein or of the Court or Tribunal.

(3) The Liechtenstein authorities shall support the members and investigators of the International Criminal Court or International Tribunal in their independent activities in Liechtenstein. In so doing, they may have recourse to coercive measures only where there is a written request for judicial assistance and such assistance has been ordered by a Liechtenstein court. The admissibility and enforcement of such coercive measures shall comply with Liechtenstein 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.