Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 19.—
(1) On receiving a request from the International Criminal Court for the arrest and surrender of a person the Minister shall, subject to this Part, certify that the request has been duly made.

(2) The Minister—

(a) may postpone action on the request until—

(i) the Court has determined any challenge to the admissibility of the case or to its jurisdiction (whether or not the challenge is a challenge by the Minister under Article 19(2)(b) to the admissibility of the case on the ground that it is being, or has been, investigated), or
(ii) the completion of any consultation between the Minister and the Court under Article 97 in relation to any difficulties that may impede or prevent the execution of the request,
and

(b) may, where the person concerned is being investigated or proceeded against in relation to an offence that is not an ICC offence, postpone such action in accordance with Article 94.1.

(3) In deciding under subsection (2) (b) whether to postpone action on a request the Minister shall have regard to the seriousness of the offence referred to in that subsection.

(4) If the Minister decides under subsection (2) (b) not to postpone action on a request, any proceedings referred to in that subsection that are pending shall, on the application of the Director of Public Prosecutions, be withdrawn, with liberty to re-enter.

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 25.—

(2) (a) The High Court shall adjourn the proceedings pending the outcome of—

(i) any challenge before the International Criminal Court to the admissibility of a case on grounds referred to in Article 17 or 89(2) or to that Court’s jurisdiction in the case, or

(ii) a challenge to admissibility made before the High Court on the basis of the principle of ne bis in idem, as provided for in Article 89(2),

and remand the arrested person in custody or, subject to section 26(2), on bail.

(b) The High Court shall cause the Minister to be informed of any challenge mentioned in paragraph (a) (ii).

(c) On being so informed, the Minister shall consult the International Criminal Court and then inform the High Court either—

(i) that there is an existing ruling of the International Criminal Court in relation to the admissibility of the case, or
(ii) that that Court is considering the challenge.

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 31.—

(1) The Minister may postpone the making of an order under section 30—

(a) until the International Criminal Court has determined any challenge to the admissibility of the case or to its jurisdiction, or
(b) in consultation with the Court, where the person concerned is being investigated or proceeded against in relation to an offence that is not an ICC offence, until the conclusion or discontinuance of the investigation or proceedings.

(2) If the Minister decides under subsection (1) (b) not to postpone the making of the order, any proceedings referred to in that subsection that are pending shall, on the application of the Director of Public Prosecutions, be withdrawn, with liberty to re-enter.

(3) In deciding whether to postpone surrender under subsection (1) (b) the Minister shall have regard to the seriousness of the conduct constituting the offence referred to in that subsection.

(4) (a) This subsection applies on the expiration of a period of postponement mentioned in subsection (1).
(b) The Minister—

(i) if the postponement arises under subsection (1)(a) and the Court has determined that the case is inadmissible or not within its jurisdiction, shall order that the person, if in custody, be released, or
(ii) in any other case, shall, subject to this Part, make an order under section 30 in respect of the person concerned.

(5) In subsection (1) (b) “proceedings” does not include proceedings against a person under the Extradition Acts or the European Arrest Warrant Act 2003.