Provisional arrest - consent to surrender


International Criminal Court Implementation Act 2002

§ 6. Expedited procedure
Section 36
1. A person whose provisional arrest or surrender has been requested on behalf of the ICC shall be informed, prior to each questioning, of the possibility of stating that he consents to immediate surrender.
2. He may make a statement as referred to in subsection 1 in the presence of the investigating judge until the start of the court hearing. During the court hearing he may make the statement to the District Court.
3. The person claimed may be assisted by counsel when making the statement. If he appears without counsel, his attention shall be drawn to this right by the investigating judge.
4. Before making the statement the person claimed shall be informed of the possible consequences. A record of the statement shall be kept.
5. The investigating judge shall send the record to the public prosecutor.
Section 37
1. After a statement has been made in accordance with section 36, the public prosecutor may decide that the person claimed will be surrendered to the ICC.
2. Subsection 1 shall not apply if (it appears that) the person claimed is the subject of prosecution in the Netherlands or that all or part of a sentence imposed on him by a Dutch court is still eligible for execution. In such a case the public prosecutor shall make an application as referred to in section 21.
3. The public prosecutor shall notify Our Minister immediately of every decision taken under subsections 1 or 2.
Section 38
1. If the public prosecutor has decided in accordance with section 37, subsection 1 that the person claimed will be surrendered to the ICC, section 21 shall not apply.
2. If the application referred to in section 21 has already been lodged with the District Court, it shall be withdrawn immediately. The clerk of the District Court shall then return the request for surrender, together with the accompanying documents, to the public prosecutor.
3. The public prosecutor shall notify the person claimed of the withdrawal of the application.
Section 39
1. Within ten days of the decision of the public prosecutor as referred to in section 37, subsection 1, the person claimed shall be surrendered to the ICC at a moment to be determined by Our Minister in consultation with the ICC. The person claimed may be remanded in custody (at the order of the investigating judge) or detained in police custody until that moment.
2. The public prosecutor may, if necessary, issue a warrant for the arrest of the person claimed for the purpose of his surrender under the provisions of § 6 of this chapter. Section 34 shall also apply mutatis mutandis.
Section 40
In the event of surrender under § 6 of this chapter, section 12, subsection 1 shall not apply.

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.