Person sought for different crime


International Criminal Court Act 2007, No.26


52. Request for temporary surrender -

(1) Where a request for arrest and surrender by the ICC relates to a crime within the jurisdiction of the ICC but the person is subject to proceedings for a different offence in Samoa which have not been finally disposed of or is liable to serve a sentence of imprisonment imposed by a court in Samoa for a different offence, the Minister may authorise the temporary transfer of that person to the ICC.

(2) The Minister may, before making an authorisation under subsection (1), seek an undertaking from the ICC that the person shall be returned on completion of proceedings before the ICC or service of sentence imposed by the ICC, as the case may be.

(3) Subsections (2), (3), (4) and (5) of section 67 shall apply to an authorisation under subsection (1) with any necessary modifications.

Rome Statute

Article 89 Surrender of persons to the Court

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.