Contents of request for arrest and surrender

Australia

Australia - ICC Act 2002 (2016)

Part 3—Requests by the ICC for arrest and surrender of persons

Division 2—Documentation to accompany request


17 Documentation for request for arrest and surrender of person for whom warrant of arrest has been issued

If a request is made for arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre Trial Chamber under article 58 of the Statute, the request must contain or be supported by:

(a) information describing the person sought, being information sufficient to identify the person; and
(b) information as to the person’s probable location; and
(c) a copy of the warrant of arrest, authenticated by the ICC; and
(d) any other documents, statements or information required by or under the regulations.


18 Documentation for request for arrest and surrender of person already convicted

If a request is made for arrest and surrender of a person who has already been convicted, the request must contain or be supported by:

(a) a copy of any warrant of arrest for the person, authenticated by the ICC; and
(b) a copy of the judgment of conviction, authenticated by the ICC; and
(c) information to demonstrate that the person sought is the person referred to in the judgment of conviction; and
(d) if the person sought has been sentenced:
(i) a copy of the sentence imposed, authenticated by the ICC; and
(ii) in the case of a sentence of imprisonment—a statement of any period already served and the period remaining to be served.


19 Documentation for request for provisional arrest

If a request is made for provisional arrest of a person, the request must contain or be supported by:

(a) information describing the person sought, being information sufficient to identify the person; and
(b) information as to the person’s probable location; and
(c) a concise statement of:
(i) the crimes within the jurisdiction of the ICC for which the person’s arrest is requested; and
(ii) the facts that are alleged to constitute those crimes, including, where possible, the dates when, and the locations at which, the crimes are alleged to have been committed; and
(d) a statement of the existence of a warrant of arrest, or of a judgment of conviction, against the person sought; and
(e) a statement that a request for surrender of the person will follow.

Part 3—Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons


43 Content of surrender warrants

(1) A surrender warrant in relation to the person (the relevant person) must:

(a) require the person in whose custody the relevant person is being held to release the relevant person into the custody of a police officer; and
(b) authorise the police officer to transport the relevant person in custody, and, if necessary or convenient, to detain the relevant person in custody, for the purpose of enabling the relevant person:
(i) to be placed in the custody of a specified person who is an officer of the ICC or other person authorised by the ICC; and
(ii) to be transported to a place specified by the ICC; and
(c) authorise the specified person to transport the relevant person in custody to a place specified by the ICC for the purpose of surrendering the relevant person to a person appointed by the ICC to receive the person.

(2) A place referred to in paragraph (1)(b) or (c) may be a place in or outside Australia.

Part 3—Requests by the ICC for arrest and surrender of persons

Division 2—Documentation to accompany request


17 Documentation for request for arrest and surrender of person for whom warrant of arrest has been issued
If a request is made for arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre Trial Chamber under article 58 of the Statute, the request must contain or be supported by:
(a) information describing the person sought, being information sufficient to identify the person; and
(b) information as to the person’s probable location; and
(c) a copy of the warrant of arrest, authenticated by the ICC; and
(d) any other documents, statements or information required by or under the regulations.


18 Documentation for request for arrest and surrender of person already convicted
If a request is made for arrest and surrender of a person who has already been convicted, the request must contain or be supported by:
(a) a copy of any warrant of arrest for the person, authenticated by the ICC; and
(b) a copy of the judgment of conviction, authenticated by the ICC; and
(c) information to demonstrate that the person sought is the person referred to in the judgment of conviction; and
(d) if the person sought has been sentenced:
(i) a copy of the sentence imposed, authenticated by the ICC; and
(ii) in the case of a sentence of imprisonment—a statement of any period already served and the period remaining to be served.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 1 Documentation to Cover Request

17 Documentation for request for arrest and surrender of person for whom warrant of arrest has been issued

If a request is made for arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58 of the Statute, the request must contain or be supported by:

information describing the person sought, being information sufficient to identify the person; and
information as to the person’s probable location; and

a copy of the warrant of arrest, authenticated by the ICC; and

any other documents, statements or information required by or under the regulations.

18 Documentation for request for arrest and surrender of person already convicted

If a request is made for arrest and surrender of a person who has already been convicted, the request must contain or be supported by:

a copy of any warrant of arrest for the person, authenticated by the ICC; and

a copy of the judgment of conviction, authenticated by the ICC; and

information to demonstrate that the person sought is the person referred to in the judgment of conviction; and

if the person sought has been sentenced:

a copy of the sentence imposed, authenticated by the ICC; and

in the case of a sentence of imprisonment—a statement of any period already served and the period remaining to be served.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 2—Documentation to accompany request

17 Documentation for request for arrest and surrender of person for whom warrant of arrest has been issued

If a request is made for arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58 of the Statute, the request must contain or be supported by:

information describing the person sought, being information sufficient to identify the person; and
information as to the person’s probable location; and

a copy of the warrant of arrest, authenticated by the ICC; and

any other documents, statements or information required by or under the regulations.

18 Documentation for request for arrest and surrender of person already convicted

If a request is made for arrest and surrender of a person who has already been convicted, the request must contain or be supported by:

a copy of any warrant of arrest for the person, authenticated by the ICC; and

a copy of the judgment of conviction, authenticated by the ICC; and

information to demonstrate that the person sought is the person referred to in the judgment of conviction; and

if the person sought has been sentenced:

a copy of the sentence imposed, authenticated by the ICC; and

in the case of a sentence of imprisonment—a statement of any period already served and the period remaining to be served.

19 Documentation for request for provisional arrest

If a request is made for provisional arrest of a person, the request must contain or be supported by:

Part 3 Requests by the ICC for arrest and surrender of persons Division 2 Documentation to accompany request

Section 19

(a) information describing the person sought, being information sufficient to identify the person; and

(b) information as to the person’s probable location; and

(c) a concise statement of:

the crimes within the jurisdiction of the ICC for which the person’s arrest is requested; and

the facts that are alleged to constitute those crimes, including, where possible, the dates when, and the locations at which, the crimes are alleged to have been committed; and

(d) a statement of the existence of a warrant of arrest, or of a judgment of conviction, against the person sought; and

(e) a statement that a request for surrender of the person will follow.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 4—Surrender of persons

43 Content of surrender warrants

(1) A surrender warrant in relation to the person (the relevant person) must:

(a) require the person in whose custody the relevant person is being held to release the relevant person into the custody of a police officer; and

(b) authorise the police officer to transport the relevant person in custody, and, if necessary or convenient, to detain the relevant person in custody, for the purpose of enabling the relevant person:

to be placed in the custody of a specified person who is an officer of the ICC or other person authorised by the ICC; and

to be transported to a place specified by the ICC; and

(c) authorise the specified person to transport the relevant person in custody to a place specified by the ICC for the purpose of surrendering the relevant person to a person appointed by the ICC to receive the person.
(2) A place referred to in paragraph (1)(b) or (c) may be a place in or outside Australia.

Rome Statute

Article 58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear

1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:

(a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and

(b) The arrest of the person appears necessary:

(i) To ensure the person's appearance at trial;

(ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings; or

(iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.

2. The application of the Prosecutor shall contain:

(a) The name of the person and any other relevant identifying information;

(b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;

(c) A concise statement of the facts which are alleged to constitute those crimes;

(d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and

(e) The reason why the Prosecutor believes that the arrest of the person is necessary.

3. The warrant of arrest shall contain:

(a) The name of the person and any other relevant identifying information;

(b) A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and

(c) A concise statement of the facts which are alleged to constitute those crimes.

4. The warrant of arrest shall remain in effect until otherwise ordered by the Court.

5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.

6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.

7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:

(a) The name of the person and any other relevant identifying information;

(b) The specified date on which the person is to appear;

(c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and

(d) A concise statement of the facts which are alleged to constitute the crime. The summons shall be served on the person.

Article 91 Contents of request for arrest and surrender

1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).

2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A copy of the warrant of arrest; and

(c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.

3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:

(a) A copy of any warrant of arrest for that person;

(b) A copy of the judgement of conviction;

(c) Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and

(d) If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.