            INTERNATIONAL CRIMINAL COURT       [ CAP. 453.        1
CHAPTER 453
INTERNATIONAL CRIMINAL COURT ACT
To provide for assistance to the International Criminal Court.
13th December, 2003
ACT XXIV of 2002.
PART 1
PRELIMINARY
Short title.
Court Act.
Interpretation.
''ICC crime'' means a crime (other than the crime of aggression)
over which the ICC has jurisdiction in accordance with the ICC
Treaty the relevant provisions of which are reproduced in Schedule
I to this Act;
''the ICC Treaty'' means the Statute of the International Criminal
Court, done at Rome on 17th July, 1988;
''the ICC'' means the International Criminal Court established by
the ICC Treaty;
Cap. 9.
''genocide'' means an act of genocide as defined in article 54B of
the Criminal Code;
Cap. 9.
''crime against humanity'' means a crime against humanity as
defined in article 54C of the Criminal Code;
Cap. 9.
''war crime'' means a war crime as defined in article 54D of the
Criminal Code;
''Minister'' means the Minister responsible for Justice.
(2) In interpreting and applying the provisions of this Act the
court shall take into account the original text of the ICC Treaty and
of any treaty and convention referred to in the ICC Treaty.
PART 2
ASSISTANCE TO THE ICC
Provision of 
assistance.
3. (1) The powers conferred by this Part on the Minister are
exercisable for the purpose of providing assistance to the ICC in
relation to investigations or prosecutions where -
( a ) an investigation has been initiated by the ICC, and
( b ) the investigation and any proceedings arising out of it
have not been concluded.
(2) Where facsimile transmission is used -
  2        CAP. 453. ]               INTERNATIONAL CRIMINAL COURT
( a ) for the making of a request by the ICC or the
transmission of any supporting documents, or
( b ) for the transmission of any document in consequence
of such a request,
this Part applies as if the documents so sent were the originals of
the documents so transmitted. Any such document shall be
receivable and admissible in evidence accordingly.
(3) Nothing in this Part shall be read and construed as
preventing the provision of assistance to the ICC otherwise than
under this Part.
Power to make 
regulations.
4. The Minister may make regulations providing for the
meeting of requests for assistance by the ICC and in particular and
without prejudice to the generality of that power may make
regulations prescribing the conditions and procedures for the
execution of any such request for all or any of the following
purposes -
( a ) the questioning of  persons being investigated or
prosecuted by the ICC;
( b ) the taking or production of evidence;
( c ) the service of any document or act of the proceedings
before the ICC;
( d ) the temporary transfer to the ICC of a prisoner for
purposes of identification or for obtaining testimony or
other assistance;
( e ) the entry into and search of any premises and the
seizure of any item;
( f ) the taking of fingerprints or non-intimate samples;
( g ) the exhumation of any body;
( h ) the provision of records and documents;
( i ) the investigation of proceeds of any ICC crime;
( j ) the freezing or seizure of proceeds for eventual
forfeiture;
( k ) the verification of any evidence or other material.
National security 
interests.
5. (1) Nothing in any of the provisions of this Part, requires
or authorises the production of documents, or the disclosure of
information, which would be prejudicial to the security of Malta.
(2) For the purposes of any such provision a certificate signed
by or on behalf of the Prime Minister to the effect that it would be
prejudicial to the security of Malta for specified documents to be
produced, or for specified information to be disclosed, is
conclusive evidence of that fact.
Transmission of 
material to the 
ICC.
6. (1) Any evidence or other material obtained under this Part
by a person other than the Attorney General, together with any
requisite verification, shall be sent to the Attorney General who
shall make arrangements for the transmission of the evidence or
            INTERNATIONAL CRIMINAL COURT       [ CAP. 453.        3
other material to the ICC.
(2) Where any evidence or other material is to be transmitted to
the ICC, there shall be transmitted -
( a ) where the material consists of a document, the original
or a copy, and
( b ) where the material consists of any other article, the
article itself or a photograph or other description of it,
as may be necessary to comply with the request of the ICC.
PART 3
OFFENCES IN RELATION TO THE ICC
Offences in 
relation to the ICC.
7. (1) It shall be an offence for any person to intentionally
commit any of the acts mentioned in Article 70.1 of the ICC Treaty
(offences against the administration of justice in relation to the
ICC), hereinafter in this Part referred to as ''the relevant article''.
(2) In interpreting and applying the provisions of the relevant
article the court shall take into account any relevant judgment or
decision of the ICC and may also take into account any other
relevant international jurisprudence.
Cap. 9.
(3) Without prejudice to the provisions of article 5 of the
Criminal Code, a criminal action may also be prosecuted in Malta
against any citizen of Malta or permanent resident in Malta who
shall have become guilty of an offence mentioned in subarticle (1)
although the offence may have been committed outside Malta.
(4) Proceedings for an offence under this article shall not be
instituted except by or with the consent of the Attorney General.
(5) The relevant provisions of the relevant article  are set out in
the Second Schedule.
(6) A person who is found guilty of an offence under subarticle
(1) shall be liable to punishment as follows -
Cap. 9.
( a ) where the offence consists of the act mentioned in
paragraph ( a ) of the relevant article, to the punishment
laid down in articles 104, 105, 107 of the Criminal
Code for the corresponding circumstances of  the case;
( b ) where the offence consists of the act mentioned in
paragraph ( b ) of the relevant article, to the punishment
laid down in article 103 of the Criminal Code;
( c ) where the offence consists of any of the acts
mentioned in paragraph ( c ) of the relevant article, to
the punishment laid down in articles 102, 110, or 111
of the Criminal Code for the corresponding
circumstances of the case;
( d ) where the offence consists of any of the acts
mentioned in paragraph ( d ) of the relevant article -
(i) to the punishment of imprisonment from two to
five years if the official of the Court properly
  4        CAP. 453. ]               INTERNATIONAL CRIMINAL COURT
performs his or her duties; or
(ii) to the said punishment increased by two or three
degrees where the official of the Court fails to
perform, or improperly performs, his or her
duties; or
(iii) to any punishment higher than imprisonment for
a term of five years to which a person accused of
an ICC crime may have been sentenced where
the official of the Court fails to perform, or
improperly performs, his or her duties in or in
connection with the trial of that person;
Cap. 9.
( e ) where the offence consists of the act mentioned in
paragraph ( e ) of the relevant article, to the punishment
laid down in article 95(1) of the Criminal Code as the
circumstances of the case may be;
( f ) where the offence consists of any of the acts
mentioned in paragraph ( f ) of the relevant article, the
offender may be dealt with as for the corresponding
offence under articles 115 and 121(4)( d ) of the
Criminal Code and shall be liable to punishment
accordingly.
Mental element. 8 . (1) References in this Part to a person committing any of
the acts mentioned in the relevant article, shall be construed in
accordance with this article.
(2) Unless otherwise provided by article 7 or by the relevant
article, a person is regarded as committing an act referred to in
subarticle (1) only if the material elements are committed with
intent and knowledge.
(3) For this purpose -
( a ) a person has intent -
(i) in relation to conduct, where he means to engage
in the conduct, and
(ii) in relation to a consequence, where he means to
cause the consequence or is aware that it will
occur in the ordinary course of events, and
( b ) ''knowledge'' means awareness that a circumstance
exists or a consequence will occur in the ordinary
course of events.
(4) In interpreting and applying the provisions of this article
(which corresponds to article 30 of the ICC Treaty) the court shall
take into account any relevant judgment or decision of the ICC and
may also take into account any other relevant international
jurisprudence.
            INTERNATIONAL CRIMINAL COURT       [ CAP. 453.        5
PART 4
ENFORCEMENT OF SENTENCES AND ORDERS
Detention in Malta 
in pursuance of 
ICC sentence.
9. (1) This article applies where -
( a ) Malta is designated by the ICC as the state in which a
person, hereinafter in this Part referred to as ''the
prisoner'', is to serve a sentence of imprisonment
imposed by the ICC, and
( b ) the Minister informs the ICC that the designation is
accepted.
(2) The Minister shall issue a warrant authorising -
( a ) the bringing of the prisoner to Malta,
( b ) the detention of the prisoner in Malta in accordance
with the sentence of the ICC, and
Cap. 260.
( c ) the taking of the prisoner to a prison, within the
meaning of the Prisons Act, in Malta.
The provisions of the warrant may be varied by the Minister,
and shall be so varied to give effect to any variation of the ICC’s
sentence.
(2) Subject to the provisions of subarticle (3), a prisoner subject
to a warrant authorising his detention in a prison in Malta shall be
treated for all intents and purposes as if he were subject to a
sentence of imprisonment imposed in exercise of criminal
jurisdiction by a court in Malta.
(3) The provisions of any regulations made under the Prisons
Act shall apply to a prisoner under this Part subject to such
modifications, adjustments or adaptations as the Minister may by
regulations under this subarticle prescribe after consultation with
the Minister responsible for prisons.
Temporary return 
or transfer of 
custody to another 
state.
10. (1) This article applies where the Minister receives a
request from the ICC -
( a ) for the temporary return of the prisoner to the custody
of the ICC for the purposes of any proceedings, or
( b ) for the transfer of the prisoner to the custody of
another state in pursuance of a change in designation
of state of enforcement.
(2) The Minister shall -
( a ) issue a warrant authorising the prisoner’s temporary
return or transfer in accordance with the request,
( b ) make the necessary arrangements with the ICC or, as
the case may be, the other state, and
( c ) give such directions as to the custody, surrender and,
where appropriate, return of the prisoner as appear to
him appropriate to give effect to the arrangements.
(2) Where the prisoner is temporarily returned to the custody of
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the ICC, the warrant authorising his detention in Malta shall
continue to have effect so as to apply to him again on his return.
Custody of 
prisoner in transit, 
etc.
11. (1) The prisoner shall be deemed to be in the legal custody
of the Minister at any time when, being -
( a ) in Malta, or
( b ) on board a Maltese vessel or aircraft,
he is being taken to or from any place or is being kept in custody.
(2) The Minister may, from time to time, designate a person as
a person who is for the time being authorised to take the prisoner to
or from any place or to keep the prisoner in custody.
(3) A person so authorised has all the powers, authority,
protection and privileges of a police officer.
(4) If the prisoner escapes or is unlawfully at large, he may be
arrested without warrant by the police and taken to any place to
which he may be taken under the warrant issued under any
provision of this Part.
Power to make 
regulations.
12. The Minister may make regulations to provide for the
enforcement in Malta of -
( a ) fines or forfeitures ordered by the ICC, and
( b ) orders by the ICC against convicted persons specifying
reparations to, or in respect of victims,
and in particular and without prejudice to the generality of that
power may make regulations which -
(i) authorise the Minister to appoint a person to act
on behalf of the ICC for the purposes of
enforcing the order and to give that person such
directions as appear necessary to the Minister;
(ii) require the registration in the Public Registry of
any order to which this article applies and
providing for the effects of such registration;
(iii) apply all or any of the provisions relating to the
enforcement in Malta of orders of a court of a
country or territory outside Malta;
(iv) provide that the reasonable costs for and
incidental to the registration and enforcement of
an order are recoverable as if they were sums
recoverable under the order;
(v) provide for the recovery of fines as a civil debt
or for the conversion into imprisonment or
detention of any such fines in default of
payment:
Provided that different provision may be made for different
kinds of order.
            INTERNATIONAL CRIMINAL COURT       [ CAP. 453.        7
Amendment of the 
Criminal Code.
Cap. 9.
13. Omitted under the Statute Law Revision Act, 1980.
Amendment of the 
Extradition Act.
Cap. 276.
14. Omitted under the Statute Law Revision Act, 1980.
Amendment of the 
Prisons Act.
Cap. 260.
15. Omitted under the Statute Law Revision Act, 1980.
Articles of ICC 
Statute in 
Schedule.
16. The relevant provisions of Articles 9, 13, 70 and 92 of the
ICC Treaty referred to in this Act are reproduced in the Second
Schedule and any reference to any such article in this Act or in any
other law shall be construed as a reference to the same article as
reproduced in the said Schedule.
Ratification of ICC 
Treaty.
17. Notwithstanding the provisions of any other law, the
Government is hereby authorised to ratify the ICC Treaty.
  8        CAP. 453. ]               INTERNATIONAL CRIMINAL COURT
FIRST SCHEDULE
(Article 2)
Crimes within the Jurisdiction of the International Criminal Court
Article 6
Genocide
For the purpose of this Statute, ''genocide'' means any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such -
( a ) Killing members of the group;
( b ) Causing serious bodily or mental harm to members of the group;
( c ) Deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;
( d ) Imposing measures intended to prevent births within the group;
( e ) Forcibly transferring children of the group to another group.
Article 7
Crimes against humanity
1. For the purpose of this Statute, ''crime against humanity'' means any of the
following acts when committed as part of a widespread or systematic attack directed
against any civilian population, with knowledge of the attack -
( a ) Murder;
( b ) Extermination;
( c ) Enslavement;
( d ) Deportation or forcible transfer of population;
( e ) Imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law;
( f ) Torture;
( g ) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable
gravity;
( h ) Persecution against any identifiable group or collectivity on political,
racial, national, ethnic, cultural, religious, gender as defined in
paragraph 3, or other grounds that are universally recognized as
impermissible under international law, in connection with any act
referred to in this paragraph or any crime within the jurisdiction of the
Court;
( i ) Enforced disappearance of persons;
( j ) The crime of apartheid;
( k ) Other inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1 -
( a ) ''Attack directed against any civilian population'' means a course of
conduct involving the multiple commission of acts referred to in
paragraph 1 against any civilian population, pursuant to or in
            INTERNATIONAL CRIMINAL COURT       [ CAP. 453.        9
furtherance of a State or organizational policy to commit such attack;
( b ) ''Extermination'' includes the intentional infliction of conditions of life,
inter alia  the deprivation of access to food and medicine, calculated to
bring about the destruction of part of a population;
( c ) ''Enslavement'' means the exercise of any or all of the powers attaching
to the right of ownership over a person and includes the exercise of such
power in the course of trafficking in persons, in particular women and
children;
( d ) ''Deportation or forcible transfer of population'' means forced
displacement of the persons concerned by expulsion or other coercive
acts from the area in which they are lawfully present, without grounds
permitted under international law;
( e ) ''Torture'' means the intentional infliction of severe pain or suffering,
whether physical or mental, upon a person in the custody or under the
control of the accused; except that torture shall not include pain or
suffering arising only from, inherent in or incidental to, lawful
sanctions;
( f ) ''Forced pregnancy'' means the unlawful confinement of a woman
forcibly made pregnant, with the intent of affecting the ethnic
composition of any population or carrying out other grave violations of
international law. This definition shall not in any way be interpreted as
affecting national laws relating to pregnancy;
( g ) ''Persecution'' means the intentional and severe deprivation of
fundamental rights contrary to international law by reason of the
identity of the group or collectivity;
( h ) ''The crime of apartheid'' means inhumane acts of a character similar to
those referred to in paragraph 1, committed in the context of an
institutionalized regime of systematic oppression and domination by
one racial group over any other racial group or groups and committed
with the intention of maintaining that regime;
( i ) ''Enforced disappearance of persons'' means the arrest, detention or
abduction of persons by, or with the authorization, support or
acquiescence of, a State or a political organization, followed by a
refusal to acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons, with the
intention of removing them from the protection of the law for a
prolonged period of time.
1. For the purpose of this Statute, it is understood that the term ''gender'' refers
to the two sexes, male and female, within the context of society. The term ''gender''
does not indicate any meaning different from the above.
Article 8
War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when
committed as part of a plan or policy or as part of a large-scale commission of such
crimes.
2. For the purpose of this Statute, ''war crimes'' means -
( a ) Grave breaches of the Geneva Conventions of 12 August 1949, namely,
any of the following acts against persons or property protected under
  10        CAP. 453. ]               INTERNATIONAL CRIMINAL COURT
the provisions of the relevant Geneva Convention -
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or
health;
(iv) Extensive destruction and appropriation of property, not justified
by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in
the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of
the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
( b ) Other serious violations of the laws and customs applicable in
international armed conflict, within the established framework of
international law, namely, any of the following acts -
(i) Intentionally directing attacks against the civilian population as
such or against individual civilians not taking direct part in
hostilities;
(ii) Intentionally directing attacks against civilian objects, that is,
objects which are not military objectives;
(iii) Intentionally directing attacks against personnel, installations,
material, units or vehicles involved in a humanitarian assistance
or peacekeeping mission in accordance with the Charter of the
United Nations, as long as they are entitled to the protection given
to civilians or civilian objects under the international law of
armed conflict;
(iv) Intentionally launching an attack in the knowledge that such
attack will cause incidental loss of life or injury to civilians or
damage to civilian objects or widespread, long-term and severe
damage to the natural environment which would be clearly
excessive in relation to the concrete and direct overall military
advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages,
dwellings or buildings which are undefended and which are not
military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms
or having no longer means of defence, has surrendered at
discretion;
(vii) Making improper use of a flag of truce, of the flag or of the
military insignia and uniform of the enemy or of the United
Nations, as well as of the distinctive emblems of the Geneva
Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of
parts of its own civilian population into the territory it occupies,
or the deportation or transfer of all or parts of the population of
the occupied territory within or outside this territory;
(ix) Intentionally directing attacks against buildings dedicated to
religion, education, art, science or charitable purposes, historic
            INTERNATIONAL CRIMINAL COURT       [ CAP. 453.        11
monuments, hospitals and places where the sick and wounded are
collected, provided they are not military objectives;
(x) Subjecting persons who are in the power of an adverse party to
physical mutilation or to medical or scientific experiments of any
kind which are neither justified by the medical, dental or hospital
treatment of the person concerned nor carried out in his or her
interest, and which cause death to or seriously endanger the health
of such person or persons;
(xi) Killing or wounding treacherously individuals belonging to the
hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy’s property unless such
destruction or seizure be imperatively demanded by the
necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law
the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part in the
operations of war directed against their own country, even if they
were in the belligerent’s service before the commencement of the
war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices;
..........  omissis  ..........
(xix) Employing bullets which expand or flatten easily in the human
body, such as bullets with a hard envelope which does not entirely
cover the core or is pierced with incisions;
(xxi) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced
pregnancy, as defined in Article 7, paragraph 2 ( f ), enforced
sterilization, or any other form of sexual violence also
constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to
render certain points, areas or military forces immune from
military operations;
(xxiv) Intentionally directing attacks against buildings, material,
medical units and transport, and personnel using the distinctive
emblems of the Geneva Conventions in conformity with
international law;
(xxv) Intentionally using starvation of civilians as a method of warfare
by depriving them of objects indispensable to their survival,
including wilfully impeding relief supplies as provided for under
the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of fifteen years
into the national armed forces or using them to participate
actively in hostilities.
( c ) In the case of an armed conflict not of an international character, serious
  12        CAP. 453. ]               INTERNATIONAL CRIMINAL COURT
violations of article 3 common to the four Geneva Conventions of 12
August 1949, namely, any of the following acts committed against
persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed  hors de
combat  by sickness, wounds, detention or any other cause -
(i) Violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions
without previous judgement pronounced by a regularly
constituted court, affording all judicial guarantees which are
generally recognized as indispensable.
( d ) Paragraph 2( c ) applies to armed conflicts not of an international
character and thus does not apply to situations of internal disturbances
and tensions, such as riots, isolated and sporadic acts of violence or
other acts of a similar nature.
( e ) Other serious violations of the laws and customs applicable in armed
conflicts not of an international character, within the established
framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as
such or against individual civilians not taking direct part in
hostilities;
(ii) Intentionally directing attacks against buildings, material,
medical units and transport, and personnel using the distinctive
emblems of the Geneva Conventions in conformity with
international law;
(iii) Intentionally directing attacks against personnel, installations,
material, units or vehicles involved in a humanitarian assistance
or peacekeeping mission in accordance with the Charter of the
United Nations, as long as they are entitled to the protection given
to civilians or civilian objects under the international law of
armed conflict;
(iv) Intentionally directing attacks against buildings dedicated to
religion, education, art, science or charitable purposes, historic
monuments, hospitals and places where the sick and wounded are
collected, provided they are not military objectives;
(v) Pillaging a town or place, even when taken by assault;
(vi) Committing rape, sexual slavery, enforced prostitution, forced
pregnancy, as defined in article 7, paragraph 2 ( f ), enforced
sterilization, and any other form of sexual violence also
constituting a serious violation of article 3 common to the four
Geneva Conventions;
(vii) Conscripting or enlisting children under the age of fifteen years
into armed forces or groups or using them to participate actively
in hostilities;
(viii) Ordering the displacement of the civilian population for reasons
related to the conflict, unless the security of the civilians involved
or imperative military reasons so demand;
            INTERNATIONAL CRIMINAL COURT       [ CAP. 453.        13
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) Subjecting persons who are in the power of another party to the
conflict to physical mutilation or to medical or scientific
experiments of any kind which are neither justified by the
medical, dental or hospital treatment of the person concerned nor
carried out in his or her interest, and which cause death to or
seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless such
destruction or seizure be imperatively demanded by the
necessities of the conflict.
( f ) Paragraph 2 ( e ) applies to armed conflicts not of an international
character and thus does not apply to situations of internal disturbances
and tensions, such as riots, isolated and sporadic acts of violence or
other acts of a similar nature. It applies to armed conflicts that take
place in the territory of a State when there is protracted armed conflict
between governmental authorities and organized armed groups or
between such groups.
SECOND SCHEDULE
(Article 16)
Articles of the ICC Treaty referred to in the Act
Article 9
Elements of Crimes
1. Elements of Crimes shall assist the Court in the interpretation and
application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of
the members of the Assembly of States Parties.
2. Amendments to the Elements of Crimes may be proposed by -
( a ) Any State Party;
( b ) The judges acting by an absolute majority;
( c ) The Prosecutor.
Such amendments shall be adopted by a two-thirds majority of the members
of the Assembly of States Parties.
3. The Elements of Crimes and amendments thereto shall be consistent with
this Statute.
Article 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in
article 5 in accordance with the provisions of this Statute if -
............  omissis  ..........
  14        CAP. 453. ]               INTERNATIONAL CRIMINAL COURT
( b ) A situation in which one or more of such crimes appears to have been
committed is referred to the Prosecutor by the Security Council acting
under Chapter VII of the Charter of the United Nations;
Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its
administration of justice when committed intentionally -
( a ) Giving false testimony when under an obligation pursuant to Article 69,
paragraph 1, to tell the truth;
( b ) Presenting evidence that the party knows is false or forged;
( c ) Corruptly influencing a witness, obstructing or interfering with the
attendance or testimony of a witness, retaliating against a witness for
giving testimony or destroying, tampering with or interfering with the
collection of evidence;
( d ) Impeding, intimidating or corruptly influencing an official of the Court
for the purpose of forcing or persuading the official not to perform, or to
perform improperly, his or her duties;
( e ) Retaliating against an official of the Court on account of duties
performed by that or another official;
( f ) Soliciting or accepting a bribe as an official of the Court in connection
with his or her official duties.
..........  omissis  ............
4. ( a ) Each State Party shall extend its criminal laws penalizing offences
against the integrity of its own investigative or judicial process to offences against
the administration of justice referred to in this article, committed on its territory, or
by one of its nationals;
..........  omissis  .........
NOTE -
Article 69.1, referred to in Article 70.1(a), provides as follows -
''1 Before testifying, each witness shall, in accordance with the Rules of Procedure
and Evidence, give an undertaking as to the truthfulness of the evidence to be given
by that witness.''.
Article 92
Provisional arrest
..........  omissis  ..........
3. A person who is provisionally arrested may be released from custody if the
requested State has not received the request for surrender and the documents
supporting the request as specified in Article 91 within the time limits specified in
            INTERNATIONAL CRIMINAL COURT       [ CAP. 453.        15
the Rules of Procedure and Evidence. However, the person may consent to surrender
before the expiration of this period if permitted by the law of the requested State. In
such a case, the requested State shall proceed to surrender the person to the Court as
soon as possible.
