Commentary on Sections Part 3: Other Forms of Assistance
54.States Parties to the ICC are required to co-operate fully with the ICC in its investigation and prosecution of crimes within its jurisdiction. In particular, Article 88 requires States Parties to ensure that there are procedures available under national law for all the forms of co-operation which are specified under Part 9 of the Statute. The main forms of assistance, other than the arrest and surrender of suspects, are outlined in Article 93.1.
55.This Act, but particularly this Part, is intended to implement the obligation under Articles 88 and 93.1. It provides a legislative basis, where one is required, for the Government to assist the ICC with its investigations or prosecutions. As in the Orders in Council through which the UK has implemented the UN Security Council resolutions which established the International Criminal Tribunals (S.I. 1996/716 and S.I. 1996/1296), no provision is made with regard to assistance which the Secretary of State can already provide to the ICC. For example, the Secretary of State is able, without further provision, to respond to ICC requests to protect victims and witnesses or to facilitate the voluntary attendance of expert witnesses, in the same way as is already done with regard to the Tribunals.
56.Part 3 extends to England and Wales, and Northern Ireland. Only sections 32 and 39 extend to Scotland.