Request for provisional arrest

New Zealand

International Crimes and International Criminal Court Act 2000


Requests for assistance—

(1)This Part applies to a request by the ICC for assistance that is made under—

(a)Part 9 of the Statute, namely,—

(i)the provisional arrest, arrest, and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction; or


Request from ICC for arrest and surrender

Request for arrest and surrender—

(1)This Part applies to a request made by the ICC under article 89(1) of the Statute for the arrest and surrender from New Zealand of—

(a)a person in respect of whom the Pre-Trial Chamber has issued a warrant of arrest under article 58 or article 60 of the Statute for an international crime:

(b)a person who has been convicted by the ICC of an international crime.

(2)This Part applies to a request made under article 92 of the Statute for the provisional arrest of a person accused or convicted of an international crime.

(3)The following provisions of this Part apply subject to sections 55 to 66 (which deal with restrictions on surrender and the execution of a request for surrender):

(a)sections 33 to 35 (which deal with arrest where a request for surrender is received):

(b)sections 36 to 38 (which deal with provisional arrest in urgent cases):

(c)sections 39 to 42 (which deal with remand and bail):

(d)sections 43 to 46 (which deal with eligibility for surrender):

(e)sections 47 to 54 (which deal with surrender and temporary surrender).

Cf Statute, articles 58, 60(5), 91(2)-(4), 92(1)

Rome Statute

Article 92 Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

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

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

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.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.