24 Requests for assistance
(1) This Part applies to a request by the ICC for assistance that is made under—
(a) Part 9 of the Statute, namely,—
(i) the provisional arrest, arrest, and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction; or
(ii) the identification and whereabouts of persons or the location of items; or
(iii) the taking of evidence, including testimony under oath, and the production of evidence, expert opinions, and reports necessary to the ICC; or
(iv) the questioning of any person being investigated or prosecuted; or
(v) the service of documents, including judicial documents; or
32 Request for arrest and surrender
(3)
(d) sections 43 to 46 (which deal with eligibility for surrender):
(e) sections 47 to 54 (which deal with surrender and temporary surrender).
33 Minister to request issue of arrest warrant
(1) If a request for surrender is received, other than a request for provisional arrest referred to in section 32(2), the Minister may notify a District Court Judge in writing that it has been made and request that the Judge issue a warrant for the arrest of the person whose surrender is sought.
(2) If a notice is sent to a Judge under subsection (1), the Minister must also send to the Judge a copy of the request and supporting documents.
(3) The Minister may, if the Minister thinks fit, refuse to notify a District Court Judge under this section.
43 Determination of eligibility for surrender
(1) If a person is brought before the District Court under this Part, the District Court must determine whether the person is eligible for surrender in relation to the international crime or crimes for which surrender is sought.
(2) Subsection (1) applies subject to sections 38 and 45.
(3) The person is eligible for surrender if—
(a) a warrant for the arrest of the person issued by the ICC or a judgment of conviction for an international crime given by the ICC has been pro‐ duced to the District Court; and
46 Procedure following determination on eligibility or consent to surrender
(4) If the District Court is not satisfied that the person is eligible for surrender, it must discharge the person, unless under section 69 it orders that the person continue to be detained or issues a warrant for the arrest and detention of the person, pending the determination of an appeal under section 67.
47 Minister must determine whether person to be surrendered
(1) If the District Court issues a warrant for the detention of a person under section 46, the Minister must determine whether to order that the person be surren‐ dered.
(2) The Minister must make a surrender order in respect of the person unless—
(a) the Minister is satisfied that surrender of the person must be refused because a mandatory restriction on surrender specified in section 55(1) applies; or
(b) the Minister is satisfied that one of the discretionary restrictions on sur‐ render specified in section 55(2) applies and that it is appropriate in the circumstances that surrender be refused; or
(c) the Minister postpones the execution of a request for surrender in accordance with section 56; or
(d) the Minister makes a temporary surrender order under section 49.
(3) The Minister must not make a surrender order in respect of a person until the later of the following times:
(a) until the expiration of 15 days after the date of the issue of the warrant of detention of that person under section 46(2)(a); or
(b) if an appeal, or an application for review or habeas corpus in respect of a determination under this Act, or any appeal from such an appeal or application, is pending, until after the date that the proceedings are finally determined and the result is that the person is eligible to be sur‐ rendered.
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.