PART 5 - DOMESTIC PROCEDURES FOR OTHER TYPES OF CO-OPERATION
Temporary transfer of prisoners
Request for temporary transfer of prisoner—
(1)This section applies if the ICC requests assistance under article 93(1)(f) of the Statute in facilitating the temporary transfer to the ICC of a New Zealand prisoner.
(2)The Attorney-General may give authority for the request to proceed if the Attorney-General is satisfied that—
(a)the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
(b)the prisoner's attendance is sought for the purposes of identification or for obtaining evidence or other assistance.
Cf Statute, articles 93(1)(f) and (7)
PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC
Enforcement of sentences in New Zealand
Transfer of prisoner to ICC for other purposes—
(a)if subsection (1)(a) applies, must direct that the ICC prisoner be transferred to the ICC:
(b)if subsection (1)(b) applies, may direct that the ICC prisoner be transferred to the ICC if the Minister is satisfied that the interests of justice require the prisoner's attendance at the ICC.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7;
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.