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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Implementation of the Rome
Statute of the International Criminal Court Act, No. 27 of 2002
Long title
To provide for a framework to ensure the effective implementation of the Rome Statute of the International Criminal Court in South Africa; to ensure that South Africa conforms with its obligations set out in the Statute; to provide for the crime of genocide, crimes against humanity and war crimes; to provide for the prosecution in South African courts of persons accused of having committed the said crimes in South Africa and beyond the borders of South Africa in certain circumstances; to provide for the arrest of persons accused of having committed the said crimes and their surrender to the said Court in certain circumstances; to provide for cooperation by South Africa with the said Court; and to provide for matters connected therewith.
Table of contents
Legislation Text Access Point
Long title
To provide for a framework to ensure the effective implementation of the Rome Statute of the International Criminal Court in South Africa; to ensure that South Africa conforms with its obligations set out in the Statute; to provide for the crime of genocide, crimes against humanity and war crimes; to provide for the prosecution in South African courts of persons accused of having committed the said crimes in South Africa and beyond the borders of South Africa in certain circumstances; to provide for the arrest of persons accused of having committed the said crimes and their surrender to the said Court in certain circumstances; to provide for cooperation by South Africa with the said Court; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| CONTENTS | |
| CHAPTER 1. DEFINITIONS, OBJECTS AND INTERPRETATION OF ACT | |
| 1 | Definitions |
| 2 | Applicable law |
| 3 | Objects of Act |
| CHAPTER 2. JURISDICTION OF SOUTH AFRICAN COURTS AND INSTITUTION OF PROSECUTIONS IN SOUTH AFRICAN COURTS IN RESPECT OF CRIMES | |
| 4 | Jurisdiction of South African courts in respect of crimes |
| 5 | Institution of prosecutions in South African courts |
| CHAPTER 3. FUNCTIONING, PRIVILEGES AND IMMUNITIES OF COURT IN SOUTH AFRICA | |
| 6 | Seat of Court in Republic |
| 7 | Privileges and immunities of Court |
| CHAPTER 4. COOPERATION WITH AND ASSISTANCE TO COURT IN OR OUTSIDE SOUTH AFRICA | |
| PART 1. COOPERATION WITH COURT: ARREST OF PERSONS AND THEIR SURRENDER TO COURT | |
| 8 | Endorsement of warrants of arrest |
| 9 | Provisional warrants of arrest |
| 10 | Proceedings before competent court after arrest for purposes of surrender |
| 11 | Removal of persons surrendered |
| 12 | Entry and passage of persons in custody through the Republic |
| 13 | Discharge of persons not surrendered |
| PART 2. JUDICIAL ASSISTANCE TO COURT | |
| 14 | Areas of cooperation and judicial assistance |
| 15 | Request for assistance in obtaining evidence |
| 16 | Examination of witnesses |
| 17 | Rights and privileges of witnesses before magistrate |
| 18 | Offences by witnesses |
| 19 | Attendance of witnesses in proceedings before Court |
| 20 | Transfer of prisoner to give evidence or to assist in investigations |
| 21 | Service of process and documents |
| 22 | Registration of restraint order |
| 23 | Effect of registration of restraint order |
| 24 | Setting aside of registration of restraint order |
| 25 | Registration of sentence of fine or compensatory order |
| 26 | Effect of registration of sentence of fine or compensatory order |
| 27 | Registration of confiscation order |
| 28 | Effect of registration of confiscation order |
| 29 | Setting aside of registration of confiscation order |
| 30 | Entry, search and seizure |
| 31 | Designation of Republic as State in which sentences of imprisonment can be served |
| 32 | Enforcement of sentence of imprisonment |
| CHAPTER 5. MISCELLANEOUS | |
| 33 | President may enter into agreements |
| 34 | Admissibility of documents |
| 35 | Act not to limit provision of other assistance |
| 36 | Conversion of currencies |
| 37 | Offences against administration of justice in terms of Statute |
| 38 | Regulations |
| 39 | Amendment of laws |
| 40 | Short title and commencement |
| Sch. 1. | SCHEDULE 1. CRIMES (SECTIONS 1(vii) AND 4(1) |
| Sch. 2. | SCHEDULE 2. LAWS AMENDED (SECTION 39) |
| Annex. | ANNEXURE. ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT (SECTION 1(xix) - ANNEXED FOR INFORMATION |
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