e Prosecutor for information concerning the progress of its investigations and any subsequent prosecutions.
b) While any conflicts over which authority will take responsibility for an investigation are being resolved, States must continue to meet all of their obligations under article 93, including the preservation of evidence within their possession and co-operation with the ICC Prosecutor.
Implementation
Most of the matters and obligations outlined above will not require implementing legislation. Nevertheless, it would be highly desirable for the relevant authority to establish efficient administrative procedures for dealing with all of these matters, in the event that such a sequence of events unfolds. This authority could be the Ministry of Foreign Affairs, as the procedures will largely entail communication between national authorities and the Court.
a) Notification and co-ordination
Most importantly, administrative procedures are needed to enable States that are already investigating a matter to notify the ICC within one month of receiving notice from the ICC that it wishes to investigate the same matter. This will require several things:
(i) a procedure whereby national investigators and prosecutors must notify the relevant authority whenever they commence an investigation or prosecution of a crime that is also within the jurisdiction of the ICC; and/or
(ii) designation of a person within the relevant authority to keep track of all national investigations and/or prosecutions for crimes that are also within the jurisdiction of the ICC, or who is able to obtain information about particular cases of that kind promptly; and
(iii) an expedited procedure for bringing to the attention of the appropriate person the notification from the ICC and for responding to the ICC's notification within one month.
b) Periodic updates
If the ICC decides not to investigate the same matter, administrative procedures are needed to enable the State to respond to any requests for periodic updates made by the ICC Prosecutor under article 18 (5). This will probably require effective and timely communication between investigators, prosecutors, and the relevant government department, in order for the State to be able to furnish the Court with the information it requires.
c) Information on proceedings
Where the State Party has not requested the ICC Prosecutor to defer the investigation, but the Prosecutor defers anyway, States should also be prepared to provide any information on their proceedings that the Prosecutor requests, in accordance with article 19 (11). This provision is not couched in obligatory terms. But it should also be interpreted in light of article 86, which requires all States Parties to "co-operate fully with the Court in its investigation and prosecution of crimes". In addition, article 93 (1)(i) stipulates that States must provide to the Court any records and documents that the Court requests. Responding to requests by the Prosecutor for information on proceedings under article 19 (11) will require the same kinds of procedures as for providing periodic updates to the ICC Prosecutor in accordance with article 18 (5). Note that information provided in accordance with article 19 (11) may be provided to the ICC on a confidential basis.
d) Protection of evidence
Procedural and evidentiary laws and procedures are needed to ensure that the appropriate people are empowered and enabled to preserve evidence and to co-operate with the Prosecutor's investigations, in accordance with article 93, even when there is a possibility that the State may take final responsibility for the matter. See "Collecting and Preserving Evidence" for more details on the implementation requirements for these obligations.
3.4 Important Provisions in the Statute Relating
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