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


Ireland - ICC Act 2006 EN

Part 5
Other Requests

(1) This section applies where the Minister receives a request from the International Criminal Court under Article 93.1(f) for the temporary transfer to it of a person in custody in the State for identification purposes or for obtaining testimony or other assistance.

(2) The Minister may, subject to section 4, by order require such a person—

(a) to be taken in custody from the place in which he or she is detained to a place of departure from the State for delivery into the custody of a person authorised in that behalf by the Court, and
(b) on the person’s return from the Court, to be taken back in custody to the place where he or she was detained unless, in the case of a person serving a sentence of imprisonment or detention, the sentence has expired.

(3) An order under this section—

(a) may be made—

(i) only with the person’s consent, or
(ii) where it appears to the Minister inappropriate for the person to give consent by reason of the person’s physical or mental condition or his or her youth, only if consent has been given by a person appearing to the Minister to be an appropriate person to do so,

(b) may make the transfer subject to conditions, including conditions relating to—

(i) the return of the person to the State, and
(ii) the person’s custody while outside the State.

(4) A person (other than a member of the Garda Síochána) who has custody under subsection (2) of a person who is being taken from or to the place where he or she is or was detained is deemed for the purposes of that subsection to be such a member.

(5) If a person escapes from custody or is unlawfully at large while in transit in the State to or from the Court, he or she may be arrested without warrant by a member of the Garda Síochána or other person in whose custody he or she is and taken to any place to which he or she may be taken in accordance with an order under this section.

(6) (a) A person who is serving a sentence of imprisonment or detention or who is otherwise in custody shall continue to serve the sentence or to remain in custody while the person is in transit to or from the place of departure or is in the custody of the Court.
(b) The Minister shall inform the Court of the date of expiry of any such sentence.

(7) In this section “custody” includes custody in the State while awaiting trial or sentence or in default of paying a fine or other sum due under an order of a court.

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.