Schedule 1—Forms
Form 1—Notice of receipt of request for arrest and surrender
Commonwealth of Australia
International Criminal Court Act 2002
Notice under subsection 20(1) of receipt of request for arrest and surrender by the International Criminal Court
To a magistrate:
I, , Attorney General of the Commonwealth of Australia, under subsection 20(1) of the International Criminal Court Act 2002 (the Act), state that I have:
(a) received a request for the arrest and surrender of [insert name of person] from the International Criminal Court; and
(b) signed a certificate under section 22 of the Act that it is appropriate for me to issue this notice.
Division 2 of Part 3 of the Act has been complied with in respect of the request.
A copy of [the warrant of arrest*] [and*] [judgment of conviction*] issued by the International Criminal Court is attached to this notice.
Form 2—Warrant for arrest
Commonwealth of Australia
International Criminal Court Act 2002
Warrant for arrest under subsection 20(3)
To all police officers within the meaning of the International Criminal Court Act 2002 (the Act):
Because:
(a) the Attorney General of the Commonwealth of Australia has given a notice under subsection 20(1) of the Act stating that a request has been received from the International Criminal Court for the arrest and surrender of [insert name of person]; and
(b) an application has been made on behalf of the International Criminal Court under subsection 20(3) of the Act for issue of a warrant according to the notice;
I, [insert name and designation of magistrate], under subsection 20(3) of the Act, authorise you to arrest [insert name of person] and to bring [him/her*], as soon as practicable, before a magistrate in the State or Territory in which [he/she*] is arrested to be dealt with according to law.
Form 3—Application for arrest warrant
Commonwealth of Australia
International Criminal Court Act 2002
Application under subsection 20(3) for arrest warrant
To a magistrate:
I, [insert name of applicant and the capacity in which application is made], apply under subsection 20(3) of the International Criminal Court Act 2002 (the Act) on behalf of the International Criminal Court for issue of a warrant, according to a notice under subsection 20(1) of the Act, for the arrest and surrender of [insert name of person].
Form 4—Notice of receipt of request for provisional arrest
Commonwealth of Australia
International Criminal Court Act 2002
Notice under subsection 21(1) of receipt of request for provisional arrest by the International Criminal Court
To a magistrate:
I, , Attorney General of the Commonwealth of Australia, under subsection 21(1) of the International Criminal Court Act 2002 (the Act), state that I have:
(a) received a request for the provisional arrest of [insert name of person] from the International Criminal Court; and
(b) signed a certificate under section 22 of the Act that it is appropriate for me to issue this notice.
Division 2 of Part 3 of the Act has been complied with in respect of the request.
Form 8—Surrender warrant
Commonwealth of Australia
International Criminal Court Act 2002
Surrender warrant under subsection 28(2)
To the person in whose custody [insert name of person] is held
And to all police officers within the meaning of the International Criminal Court Act 2002 (the Act)
And to [insert name of officer of the International Criminal Court or other person authorised by the Court], (the escort):
Having:
(a)* reached agreement with the International Criminal Court on conditions for the issue of a temporary surrender warrant; and
(b) received a request for surrender of [insert name of person]; and
(c) signed a certificate under section 29 of the Act that it is appropriate to issue a warrant for [his/her*] surrender;
I, , Attorney General of the Commonwealth of Australia, under section 28 of the Act:
(d) require the person in whose custody [insert name of person in custody] is held, to release [him/her*] into the custody of a police officer; and
(e) authorise the police officer to transport [insert name of person] in custody, and if necessary or convenient, to detain [him/her*] in custody, for the purpose of enabling [him/her*] to be placed in the custody of the escort and transported to the place specified by the International Criminal Court; and
(f) authorise the escort to transport [insert name of person] in custody to [insert the name of the place specified by the International Criminal Court] for the purpose of surrendering [him/her*] to a person appointed by the International Criminal Court to receive [him/her*].
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.