Austria

Federal Law no 135: Cooperation with the International Criminal Court

Part 2
Specific provisions
Section 1

13. Investigations and proceedings of the International Criminal Court in Austria
1. The International Criminal Court shall be authorised to question witnesses and accused persons independently in Austria and to inspect public places, without making any changes to them, and to collect further related evidence as long as the Federal Minister of Foreign Affairs 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 shall not require any special authorisation to carry out their work in Austria.
2. The International Criminal Court shall be authorised to hold trials, unless the Federal Minister of Foreign Affairs refuses such a request owing to grave security concerns in respect of the Republic of Austria or of the International Criminal Court.
3. The Austrian authorities shall support the members and investigators of the International Criminal Court in their independent activities in Austria. In so doing, they may have recourse to coercive measures only where there is a written request for judicial assistance from the Court and such assistance has been ordered by an Austrian court. The admissibility and enforcement of such coercive measures shall comply with Austrian law.

Keywords

Direct execution of requests on State territory



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