etimes the use of restraining orders will be sufficient.
Police forces or other relevant authorities within the State should be organised to assist with the execution of requests to protect victims. In many States. a special unit with a mandate to protect victims and witnesses already exists at the national level. This could simply be expanded to include the victims of ICC crimes and witnesses who will be appearing before the ICC.
j) Transferring persons in custody to the Court
If a State is likely to allow a person in its custody to be transferred to the Court, the State should have laws that allow it to perform such transfers. It should also have a procedure for obtaining the free and informed consent of the person in custody beforehand. Note that States can agree with the Court on conditions for the transfer, such as placing the person in a cell away from other persons in custody at the seat of the Court.
Many States may already have mutual legal assistance legislation, which allows them to transfer prisoners from one State to another, for the purpose of giving evidence or something similar. This legislation should only require minor modification to allow those States to transfer prisoners to the Court.
Article 100 (1)(a) provides that the Court will pay for the costs associated with transferring a person in custody to the Court.
k) Respecting the rights of all persons being questioned
The rights set out in Article 55 (2) apply specifically to a person who is about to be questioned, and where there are grounds to believe that the person has committed an ICC crime. It is important that States enact laws or adopt procedures that require the relevant authorities to observe these fundamental rights. Otherwise, if the person's rights are violated significantly, that person may be acquitted on the grounds that the investigation was unfair.
l) Protecting accused persons
Accused persons may also need to be shielded from harm, so that they can have a fair trial and not be executed summarily by a person seeking instant revenge, for example. If they are being held in detention, States may need to give them a cell in a private area, so that other inmates cannot approach them.
m) Other types of assistance
The Court may also request a State to provide "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" (article 93 (1)(l)). Such assistance will need to be negotiated with States, in accordance with article 93 (5).
Items of evidence
Description
There are an infinite number of different types of items that may be required as evidence in a criminal proceeding. Article 93(1) refers to some of them, including the contents of exhumed grave sites (paragraph (g)), official records and documents (paragraph (i)), and possible proceeds of crimes (paragraph (k)). Other paragraphs in Article 93 suggest that States will have to co-operate with respect to: the location of items for the Court (paragraph (a)), the production of all kinds of evidence (paragraph (b)), the examination of places or sites, including the exhumation and examination of grave sites (paragraph (g)), the execution of searches and seizure (paragraph (h)), and the preservation of all kinds of evidence (paragraph (j)).
States need to ensure that they have no limits on the kinds of materials and objects that they can obtain control over, for provision to the Court. They also need to have laws that, in accordance with the Statute, allow the Prosecutor and the defence counsel to obtain items on their territory, or in the possession of their nationals. However, these laws should all protect the rights of bona fide third parties, if their property is required as evide
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