Request for arrest and surrender

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001



Art. 16 Principle

1 A person shall be surrendered to the Court if the request and supporting documentation
indicate that the act is within the jurisdiction of the Court.
2 If the Court is considering a challenge to its jurisdiction in accordance with articles 17-
19 of the Statute, the Central Authority may postpone the execution of a request until the
Court has decided.

3 If a Swiss citizen is surrendered to the Court, the Central Authority shall request the repatriation of the citizen upon completion of the proceedings.

Art. 17 Content and documentation of the request

1 A request for arrest and surrender of a person for whom the Court has issued a warrant of arrest shall include:
a. a description of the person, sufficient to identify the person, and information as to that person’s probable location;
b. a copy of the warrant of arrest;
c. the reason for arrest.

2 A request for the arrest and surrender of a person already convicted shall include:
a. a copy of the warrant of arrest;
b. a copy of the judgment of conviction;
c. if the person has been sentenced, a copy of the sentence imposed and, in the case of a sentence of imprisonment, a statement of any time already served and the time remaining to be served.

3 The request shall be accompanied by:
a. a concise statement of the relevant facts sufficient for a legal assessment of the act;
b. the applicable provisions of the Statute and of the Rules of Procedure and Evidence of
the Court.

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.