CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 2. Provisional arrest
Section 13
1. A person may be provisionally arrested at the request of the ICC.
2. Any public prosecutor or assistant public prosecutor is authorised to order the provisional arrest.
3. If action on the part of the public prosecutor or the assistant public prosecutor cannot be awaited, any police officer is authorised to arrest the person.
4. The arrested person shall be brought as quickly as possible before the public prosecutor at The Hague District Court.

Section 14
After the person claimed has been questioned in accordance with article 55, paragraph 2, and article 59, paragraph 2 of the Statute, the public prosecutor may order that he be detained in police custody for three days from the moment of the provisional arrest.

Section 15
1. The investigating judge responsible for dealing with criminal cases may, on the application of the public prosecutor, order the remand in custody of the person claimed.
2. Before giving an order pursuant to paragraph 1, the investigating judge shall, if possible, question the person claimed.

Section 16
1. The investigating judge may, on his own initiative or on the application of the public prosecutor or at the request of the person claimed or his counsel, order that on account of urgent and exceptional circumstances the deprivation of liberty pursuant to the provisions of § 2 of this chapter be ended or discontinued or suspended subject to conditions. The conditions to be imposed shall in any event be designed to prevent absconding.
2. The investigating judge shall not make an order as referred to in subsection 1 until the ICC, having been consulted for this purpose through the intermediary of Our Minister, has made recommendations pursuant to article 59, paragraph 5 of the Statute within a period to be determined by Our Minister.
3. The suspension or discontinuation shall end automatically as soon as the public prosecutor has been informed, in accordance with section 32, of the decision of Our Minister permitting the surrender.
4. Article 80, paragraphs 1, 3, 4 and 5, and articles 81-88, with the exception of article 86, paragraph 5, of the Code of Criminal Procedure shall apply mutatis mutandis to orders for provisional discontinuation and suspension made pursuant to paragraph 1.
5. The investigating judge may, on his own initiative or on the application of the public prosecutor or at the request of the person claimed or his counsel, terminate the order for remand in custody if no request for surrender, together with the relevant documents, has been received from the ICC within sixty days of the date of the provisional arrest.

Section 17
The public prosecutor shall notify Our Minister immediately of every decision taken pursuant to sections 13, 14, 15 or 16

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 6. Expedited procedure
Section 36
1. A person whose provisional arrest or surrender has been requested on behalf of the ICC shall be informed, prior to each questioning, of the possibility of stating that he consents to immediate surrender.
2. He may make a statement as referred to in subsection 1 in the presence of the investigating judge until the start of the court hearing. During the court hearing he may make the statement to the District Court.
3. The person claimed may be assisted by counsel when making the statement. If he appears without counsel, his attention shall be drawn to this right by the investigating judge.
4. Before making the statement the person claimed shall be informed of the possible consequences. A record of the statement shall be kept.
5. The investigating judge shall send the record to the public prosecutor.
Section 37
1. After a statement has been made in accordance with section 36, the public prosecutor may decide that the person claimed will be surrendered to the ICC.
2. Subsection 1 shall not apply if (it appears that) the person claimed is the subject of prosecution in the Netherlands or that all or part of a sentence imposed on him by a Dutch court is still eligible for execution. In such a case the public prosecutor shall make an application as referred to in section 21.
3. The public prosecutor shall notify Our Minister immediately of every decision taken under subsections 1 or 2.
Section 38
1. If the public prosecutor has decided in accordance with section 37, subsection 1 that the person claimed will be surrendered to the ICC, section 21 shall not apply.
2. If the application referred to in section 21 has already been lodged with the District Court, it shall be withdrawn immediately. The clerk of the District Court shall then return the request for surrender, together with the accompanying documents, to the public prosecutor.
3. The public prosecutor shall notify the person claimed of the withdrawal of the application.
Section 39
1. Within ten days of the decision of the public prosecutor as referred to in section 37, subsection 1, the person claimed shall be surrendered to the ICC at a moment to be determined by Our Minister in consultation with the ICC. The person claimed may be remanded in custody (at the order of the investigating judge) or detained in police custody until that moment.
2. The public prosecutor may, if necessary, issue a warrant for the arrest of the person claimed for the purpose of his surrender under the provisions of § 6 of this chapter. Section 34 shall also apply mutatis mutandis.
Section 40
In the event of surrender under § 6 of this chapter, section 12, subsection 1 shall not apply.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 7. Other provisions

Section 41

1. Objects found in the possession of the person whose surrender or provisional arrest has been requested under the Statute may be seized at the request of the ICC. The seizure shall be carried out by or on the instructions of the public prosecutor or the assistant public prosecutor competent to issue a warrant of arrest or provisional arrest.
2. When making the application referred to in section 21, the public prosecutor shall lodge a list of the objects seized with the District Court.

CHAPTER 4. ENFORCEMENT OF SENTENCES
§ 2. Provisional measures
Section 60
1. At the request of the ICC, a person who has been sentenced by the ICC to a term of imprisonment and is still at liberty may be provisionally arrested if there are good reasons to assume that this sentence will be enforced in the Netherlands.
2. Section 13-17 shall apply mutatis mutandis, subject to the proviso that:
(a) the remand in custody is ordered for a period of not more than thirty days and may be extended on the application of the public prosecutor for a period not exceeding thirty days at a time, until the commencement of the enforcement of the sentence of imprisonment in accordance with section 67, subsection 4, or section 68, subsection 2;
(b) the period referred to in section 16, subsection 5 is thirty days.