Provisional arrest - consent to surrender


Liechtenstein - Cooperation with the ICC 2004 EN

II. Specific provisions

D. Custody pending surrender, surrender and transit

Article 26
Simplified surrender to the International Criminal Court

(1) Should a person being held in provisional custody pending surrender on the basis of a request from the International Criminal Court pursuant to Article 25(1) above agree to surrender to the International Criminal Court before the end of the time period in Article 25(3), the princely court shall order the person’s surrender, without prejudice to a challenge of admissibility pursuant to Article 5(2) above. In such a case the person shall be surrendered to the International Criminal Court as soon as possible.

(2) The judge of the princely court shall inform the person that his or her consent cannot be revoked. The judge’s instruction shall be noted in the record.

(3) In the event of simplified surrender there is no need for the International Criminal Court to send a request for surrender and supporting material.

Rome Statute

Article 92 Provisional arrest

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.