Temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other forms of assistance - national procedures for ICC proceedings

Kingdom of The Netherlands

International Criminal Court Implementation Act 2002

CHAPTER 3. COOPERATION AS REFERRED TO IN ARTICLE 93 OF THE STATUTE
ยง 1. General
Section 48
1. Our Minister may permit persons who have been lawfully deprived of their liberty in the Netherlands to be temporarily placed at the disposal of the ICC for the purpose of identification, to testify as a witness or with a view to other forms of cooperation. The person concerned shall be placed at the disposal of the ICC only if he freely gives his consent for this after having been properly informed of the consequences.
2. If the person to be placed at the disposal of the ICC under subsection 1 is serving a custodial sentence, the period during which he is placed at the disposal of the ICC shall be deducted from his sentence.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;

7.

(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.