International Criminal Court Act 2002

• Australian authorities can be required to gather evidence, take testimony, produce documents, or search premises on the ICC's behalf
• Your phone communications or financial records may be examined
• Your identity and safety can be protected confidentially if the ICC requests it
• Graves can be exhumed as part of investigations into alleged crimes

If you hold assets connected to ICC crimes:

• Your property can be frozen, seized, and ultimately forfeited if the ICC issues a forfeiture order
• Australia's existing proceeds-of-crime machinery (the Proceeds of Crime Act 2002) is harnessed to enforce ICC orders

If you are an ICC prisoner serving time in Australia:

• Multiple ministers must consent — the Attorney-General, the Immigration Minister, and the relevant State Minister
• Strict rules govern your transfer, escort, and treatment

How Requests Work

• The ICC sends requests to the Attorney-General, usually through diplomatic channels
• For urgent matters, any written medium (including electronic) can be used first, followed by formal paperwork
• The Attorney-General has significant discretion — they can refuse or postpone cooperation in limited circumstances (e.g., national security, conflict with other international obligations, or competing requests from other countries)
• But the law makes clear: if Australia ignores ICC requests without good reason, the ICC can escalate the matter to the UN Security Council

What Australia Keeps Control Of

• Australia retains the primary right to prosecute its own citizens for international crimes in Australian courts
• The Attorney-General must sign off (with absolute discretion) on arrest and surrender warrants — there is a political check on every surrender
• If another country also wants the same person extradited, complex priority rules apply — generally the ICC wins unless Australia has binding treaty obligations elsewhere

Who Is Most Affected?

• Individuals accused of genocide, war crimes, or crimes against humanity who are in Australia
• Australian Federal Police and State police — they execute arrests and warrants
• Magistrates and Federal/Supreme Courts — they issue warrants, hear bail applications, and manage surrender processes
• The Attorney-General — the central decision-maker for almost every step
• Witnesses and victims — their evidence and safety are managed under this framework
• Asset holders — anyone whose property is linked to ICC crimes faces freezing and forfeiture

Bottom Line

This law means Australia takes international criminal justice seriously. If the ICC wants someone in Australia, or needs Australia's help to investigate atrocities, this Act gives Australian authorities the legal tools and obligations to act — while keeping some political oversight in the Attorney-General's hands.