ARREST, TRANSFER, TRANSIT AND SURRENDER OF PERSONS TO THE COURT
REQUESTS FOR PROVISIONAL ARREST
1. In accordance with article 92 of the Statute, in urgent cases the Court may request, by any medium capable of delivering a written record, the provisional arrest of the person sought. The request shall contain the material referred to in article 92, paragraph 2 of the Statute pending the transmission of the material referred to in article 91 of the Statute.
2. The request for provisional arrest shall be executed on the basis of an arrest warrant issued by the investigating judge of the place where the person in question has his or her residence or was found. The arrest warrant must be served within 24 hours of the person in question being taken into custody. The investigating judge shall verify that the identity of the person has not been mistaken and that the material referred to in article 92, paragraph 2 of the Statute has been provided.
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.
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
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.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.