Provisional arrest - release - ICC proceedings


Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit

24. Provisional custody pending surrender
3. Provisional custody pending surrender may be suspended if the request for surrender and the supporting material are not transmitted within 60 days of the arrest. Release does not preclude renewed arrest and surrender should the request for surrender and the supporting material be transmitted at a later time.
4. The investigating judge shall promptly transmit copies of the orders for the imposition, extension or suspension of provisional custody pending surrender for the purpose of informing the International Criminal Court through the International Criminal Police Organisation (INTERPOL) and the Federal Ministry of Justice.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.