PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 22
(Request of the International Criminal Court for Arrest and Surrender of a Person)
(1) Arrest of a person and the transfer shall be conducted based on the request for the surrender to the International Criminal Court in accordance with the provisions of the Rome Statute, this Law and the Criminal Procedure Code.
(2) The request of the International Criminal Court for the arrest and surrender of the person or for the provisional arrest of a person in the territory of Bosnia and Herzegovina or for whom the International Criminal Court considers to be in the territory of Bosnia and Herzegovina, shall be submitted to the BiH Prosecutor’s Office through the Ministry of Justice.
(3) Within eight days, the Prosecutor’s Office of BiH shall be bound to establish whether the request contains information and documentation as specified in Articles 91 and 92 of the Rome Statute, and in particular the information necessary to identify the person and return an incomplete request through the Ministry of Justice to the International Criminal Court with the instruction to supplement the request or remove all omissions.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 25
(Deprivation of Liberty)
(1) The request of the International Criminal Court for the arrest of the person shall be without delay submitted to the Prosecutor’s Office of BiH.
(2) Acting upon the request of the International Criminal Court, the Prosecutor of the Prosecutor’s Office of BiH shall be bound to undertake all actions to arrest the person in accordance with the Criminal Procedure Code and in coordination with other law enforcement agencies.
(3) A person deprived of liberty as specified in paragraph 2 of this Article shall have all rights in accordance with the Criminal procedure Code.
(4) If the person is hiding or is on the run, necessary measures shall be undertaken in accordance with the Criminal Procedure Code and issued an arrest warrant to find, deprive of liberty and convey the person to the Prosecutor of the Prosecutor’s Office of BiH.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 28
(Procedure before the Court Panel)
(1) If during the investigation the person does not confirm his voluntary surrender to the International Criminal Court, the Prosecutor of the Prosecutor’s Office shall submit to the Court of BiH the request of the International Criminal Court along with an argumented proposal requiring from the Court of BiH to render the decision on surrender of the person to the International Criminal Court.
PART FIVE – ARREST, CUSTODY AND SURRENDER
Article 29
(Decision on the Request for Surrender)
(1) The Panel under Article 28(2) of this Law shall render the decision to fulfil the request for surrender of a person to the International Criminal Court if it establishes determines that the request pertains to the person against whom the procedure for surrender is being conducted and that this is the issue of the criminal offence falling under jurisdiction of the International Criminal Court according to the Rome Statute.
(2) If there exist some obstacles for surrender, the Panel shall refuse the request of the International Criminal Court. If the request for surrender is refused, the surrender procedure may be renewed by applying the provisions on the renewal of the procedure stipulated under the Criminal Procedure Code or based on the new request of the International Criminal Court.
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.