Consent to surrender

Bosnia and Hezegovina

Bosnia and Herzegovina - Law on Implementation of the Rome Statute of the International Criminal Court and Cooperation with the International Criminal Court 2009 EN


Article 27
(Voluntary Surrender in the Investigation Procedure)
(1) During the questioning, the Prosecutor of the Prosecutor’s Office of BiH shall particularly establish whether the person accepts to voluntarily surrender to the International Criminal Court.

(2) If the person confirms a voluntary surrender to the International Criminal Court and waives his right to file an appeal in the surrender procedure, the Prosecutor shall request ordering of custody only if there exist some of the grounds established by the Criminal Procedure Code to order custody. On the contrary, the person shall be released by posting bail, ordering home arrest or other restrictions of personal liberty in accordance with the Criminal Procedure Code.
(3) To surrender the person to the International Criminal Court, the Prosecutor of the Prosecutor’s Office shall immediately inform the Ministry of Justice and the Ministry of Security of Bosnia and Herzegovina about the consent of the person to surrender.
(4) Statement under paragraph 2 of this Article may not be revoked.


Article 30
(Voluntary Surrender in the Court Proceedings)

(1) During the court proceedings, the person may make a statement on the record that he wants to surrender on a voluntary basis to the International Criminal Court and to waive the right to file an appeal in the surrender procedure. Such a statement may not be revoked.
(2) In case under paragraph 1 of this Article, the Panel shall render the Decision to cease the surrender procedure and inform the Ministry of Justice and the Ministry of Justice of Bosnia and Herzegovina thereof to conduct a voluntary surrender.

Rome Statute

Article 89 Surrender of persons to the Court

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.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.


(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.