Provisional arrest - detention pending surrender

Belgium

Act of 29 March 2004 on Cooperation with the International Criminal Court and the International Criminal Tribunals

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER IV ARREST, TRANSFER, TRANSIT AND SURRENDER OF PERSONS TO THE COURT
SECTION II REQUESTS FOR PROVISIONAL ARREST

Article 14
5. The public prosecutor and the person charged may lodge an appeal before the indictment chamber within 24 hours of the order of the chambre du conseil. The person charged shall remain in custody until the end of that time period. The indictment chamber shall rule within eight days of hearing the public prosecutor, the person charged and the latter’s counsel. If the appeal hinges on a challenge for a violation of the principle of non bis in idem, the time period within which the indictment chamber must rule on this point shall be suspended for the duration of the consultations between the central authority and the Court referred to in article 89, paragraph 2 of the Statute. The person charged shall remain in custody pending a ruling on the appeal.

Article 15
In accordance with article 92 of the Statute, a person under provisional arrest shall in all cases be released from custody if the central authority has not received the request for arrest and surrender and the supporting documentation specified in article 91 of the Statute within three months of the date of provisional arrest.

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.