The International Crimes Act, 2008
and
(d) shall not be subjected to arbitrary arrest or
detention, and shall not be deprived of his or her
liberty except on such grounds and in accordance
with such procedures as are established in the
Rome Statute; and
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(e) shall be informed, before being questioned, that
there are grounds to believe that he has committed
a crime within the jurisdiction of the ICC and that
he has the right—
(i) to remain silent, without such silence being a
consideration in the determination of his guilt
or innocence;
(ii) to have legal assistance of his choosing, or, if
he does not have legal assistance, to have
legal assistance assigned to him, in any case
where the interests of justice so require, and
without payment by him in any such case if
he does not have sufficient means to pay for
it; and
(iii) to be questioned in the presence of a lawyer
unless he voluntarily waives the right to
counsel.
(3) If there is any inconsistency between subsection
(2) and any other written law, subsection (2) shall prevail
to the extent of the inconsistency.
(4) If the person seeks to have legal assistance
assigned under subsection (2) (e) (ii), the AttorneyGeneral shall cause such assistance to be provided.
(5) This section does not give any person a power to
require another person to answer questions.
Service of Documents and Appearance of Witnesses
Assistance in
arranging service
of documents.
(Cf. Rome Statute,
articles 19 (8), 56,
58 (7), 59 (7), 64,
86. (1) Where the ICC requests assistance under
paragraph 8 of article 19, article 56, paragraph 7 of article
58, article 64 or paragraph 1 (d) of article 93 of the Rome
Statute in arranging for the service of a document in
54
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