Contents of request for arrest and surrender - national law requirements

Japan

Japan - Extradition Act 1953 (2010) EN

(Measures to be taken by the Minister of Foreign Affairs upon the receipt of an extradition request)

Article 3

Upon receiving an extradition request, the Minister of Foreign Affairs shall, except where any of the following items applies, forward to the Minister of Justice the written request or a document prepared by the Minister of Foreign Affairs that certifies that an extradition request has been made, together with the related documents.

(i) When the request has been made based on an extradition treaty but the formality of the request is not consistent with the requirements of the extradition treaty.

(ii) When the request has been made without having an extradition treaty as its base, but there is no guarantee from the requesting country that it would honor a request of the same kind made by Japan.

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.