Taking of evidence - authority - ICC proceedings

Liechtenstein

Liechtenstein - Cooperation with the ICC 2004 EN

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.

Rome Statute

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:

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;