Part 4—Other requests by ICC

Division 2—Documentation to accompany request


50 Documentation for request

(2) A request for transit under paragraph 3 of article 89 of the Statute must contain, or be accompanied by, the following information and documents:

(a) a description of the person to be transported;
(b) a brief statement of the facts of the case and their legal characterisation; and
(c) a copy of the warrant for arrest and surrender.

Part 9—Transportation of persons in custody through Australia


150 Transportation of persons in custody through Australia

(2) Subject to this section, the Attorney General must authorise the transportation of the transportee through Australia in the custody of a person specified by the Attorney General if the ICC has, in accordance with section 8, made a request for the transportation that contains:

(a) a description of the transportee; and
(b) a brief statement of the facts of the case and their legal characterisation; and
(c) the warrant for the arrest and surrender of the transportee.

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

Part 4 Other requests by ICC

Division 2—Documentation to accompany request

50 Documentation for request

(2) A request for transit under paragraph 3 of article 89 of the Statute must contain, or be accompanied by, the following information and documents:

a description of the person to be transported;

a brief statement of the facts of the case and their legal characterisation; and

a copy of the warrant for arrest and surrender.

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

Part 9 Transportation of persons in custody through Australia

150 Transportation of persons in custody through Australia

(2) Subject to this section, the Attorney-General must authorise the transportation of the transportee through Australia in the custody of a person specified by the Attorney-General if the ICC has, in accordance with section 8, made a request for the transportation that contains:

a description of the transportee; and

a brief statement of the facts of the case and their legal characterisation; and

the warrant for the arrest and surrender of the transportee.

Article 89
Surrender of persons to the Court
3. (b) A request by the Court for transit shall be transmitted in accordance with article 87.
The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender

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.