Person sought for different crime


International Criminal Court Implementation Act 2002


ยง 5. Decision on the request and actual surrender

Section 35

1. Notwithstanding section 33, subsection 1, and section 34, the decision on the time and place of surrender shall be deferred if and in so far as the person claimed is the subject of criminal proceedings in the Netherlands or all or part of a sentence imposed on him by a Dutch court is still eligible for enforcement.
2. In the cases provided for in subsection 1, Our Minister may, if he considers that there are grounds for doing so, direct that the person claimed be placed at the disposal of the ICC forthwith for the purposes of his trial by the ICC.
3. If the person claimed, in whose respect subsection 2 is applied, is serving a custodial sentence, the period during which he is placed at the disposal of the ICC shall be deducted from his sentence.

Rome Statute

Article 89 Surrender of persons to the Court

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.