Rome Statute of the International Criminal Court
(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.
In accordance with article 72, a State Party may deny a request for assistance, 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 assistance subject to
conditions, the Court or the Prosecutor shall abide by them.
6.
If a request for assistance is denied, the requested State Party shall promptly inform
the Court or the Prosecutor of the reasons for such denial.
7.
(a)
8.
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The Court may request the temporary transfer of a person in custody for
purposes of identification or for obtaining testimony or other assistance. The
person may be transferred if the following conditions are fulfilled:
(i)
The person freely gives his or her informed consent to the transfer; and
(ii)
The requested State agrees to the transfer, subject to such conditions as
that State and the Court may agree.
(b)
The person being transferred shall remain in custody. When the purposes
of the transfer have been fulfilled, the Court shall return the person without
delay to the requested State.
(a)
The Court shall ensure the confidentiality of documents and information,
except as required for the investigation and proceedings described in the
request.
(b)
The requested State may, when necessary, transmit documents or information
to the Prosecutor on a confidential basis. The Prosecutor may then use them
solely for the purpose of generating new evidence.