Request for arrest and surrender

Republic of Trinidad and Tobago

The International Criminal Court Act 2006



Co-operation Relating to Offences Against
Administration of Justice
23. (1) If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice that request must be dealt with in the case of a request for—
(a) surrender, in the manner provided in Parts III and IV and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules;


Request from ICC for Arrest and Surrender

32. (1) This Part applies to a request made by the ICC under article 89(1) of the Statute for the arrest and surrender from Trinidad and Tobago of a person—
(a) in respect of whom the Pre-Trial Chamber has issued a warrant of arrest under article 58 or 60 of the Statute for an international crime; or
(b) who has been convicted by the ICC of an international crime.
(2) This Part applies to a request made under article 92 of the Statute for the provisional arrest of a person accused or convicted of an international crime.
(3) The following provisions of this Part apply subject to sections 55 to 66, which deal with restrictions on surrender and the execution of a request for surrender:
(a) sections 33 to 35, which deal with arrest where a request for surrender is received;
(b) sections 36 to 38, which deal with provisional arrest in urgent cases;
(c) sections 39 to 42, which deal with remand and bail;
(d) sections 43 to 46, which deal with eligibility for surrender; and
(e) sections 47 to 54, which deal with surrender and temporary surrender.

Rome Statute

Article 59 Arrest proceedings in the custodial State

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.

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.