Contents of request - national law requirements

Republic of The Marshall Islands

Marshall Islands - Criminal Extradition Act 2004 EN

204. Form of request.

(1) No request for the extradition of a person charged with or convicted of crime in another nation, state, territory or subdivision thereof, hereinafter 'foreign country' shall be recognized by the Cabinet unless in writing alleging, except in cases arising under Section 208 of this Chapter, that the accused was present in the requesting foreign country at the time of the commission of the alleged crime and that thereafter he fled from such foreign country. Such demand shall be accompanied by:

(a) a copy of an indictment found;
(b) a copy of an information supported by an affidavit filed in the foreign country having jurisdiction of the crime;
(c) a copy of an affidavit made before a magistrate in such foreign country together with a copy of any warrant which was issued thereon; or
(d) a copy of a judgment of conviction or of a sentence imposed in execution thereof together with a statement by the executive authority of the requesting state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole.

(2) The indictment, information or affidavit made before the magistrate must substantially charge the person requested with having committed a crime under the law of the requesting foreign country and the copy must be authenticated by the executive authority making the request, which shall be prima facie evidence of its truth.

Rome Statute

Article 96 Contents of request for other forms of assistance under article 93

3. 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 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.