An Introduction To The International Criminal Court - Institute for ...

ome statute of the international criminal court 261
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production
of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts
before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination
of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and
documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and
assets and instrumentalities of crimes for the purpose of eventual forfeiture,
without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the
requested State, with a view to facilitating the investigation and prosecution
of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness
or an expert appearing before the Court that he or she will not be prosecuted,
detained or subjected to any restriction of personal freedom by the Court in
respect of any act or omission that preceded the departure of that person from
the requested State.
3. Where execution of a particular measure of assistance detailed in a request
presented under paragraph 1, is prohibited in the requested State on the basis
of an existing fundamental legal principle of general application, the requested
State shall promptly consult with the Court to try to resolve the matter. In the
consultations, consideration should be given to whether the assistance can be
rendered in another manner or subject to conditions. If after consultations the
matter cannot be resolved, the Court shall modify the request as necessary.
4. Inaccordancewitharticle72,aStatePartymaydenyarequestforassistance,
in whole or in part, only if the request concerns the production of any documents
or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested
State shall consider whether the assistance can be provided subject to specified
conditions, or whether the assistance can be provided at a later date or in an
alternative manner, provided that if the Court or the Prosecutor accepts the