Consent to surrender


The International Criminal Court Act 2010

Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

35. Surrender by consent.
(1) A person may at any time notify a Registrar that he or she consents to being surrendered to the ICC for the crime or crimes for which the ICC seeks the surrender or the person.

(2) The Registrar may accept the notification of consent under subsection (1) if –

(a) the person is before the registrar when notification of the consent to surrender is given; and

(b) the Registrar is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.

(3) Nothing in this section shall be constructed as preventing a person, in respect of whom the Registrar has made a delivery order, from subsequently notifying the Minister that he or she consents to surrender.

(4) For the avoidance of doubt a person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case the Registrar may make an order under subsection (5).

(5) Where the consent to surrender has been given, the Registrar shall immediately make a delivery order in the same terms as section 33(2) and sections 33 and 34 apply.

Rome Statute

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.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.


(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

(c) A person being transported shall be detained in custody during the period of transit;

(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

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.