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


The International Criminal Court Act 2010

Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

40. Request for temporary surrender.
(1) Where a request for surrender by ICC relates to a crime under the Statute but the person is subject to proceedings for a Uganda offence which has not been finally disposed of or is liable to serve a sentence of imprisonment imposed for a Uganda 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 prosecution, acquittal or service of sentence imposed by the ICC.

(3) Subsection (2),(3),(4) and (5) of section 54 shall apply to an authorisation under subsection (1) with any necessary modifications.

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;


(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.