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

Part 3 Requests by the ICC for arrest and surrender of persons

Division 1 Documentation to Cover Request

17 Documentation for request for arrest and surrender of person for whom warrant of arrest has been issued

If a request is made for arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58 of the Statute, the request must contain or be supported by:

information describing the person sought, being information sufficient to identify the person; and
information as to the person’s probable location; and

a copy of the warrant of arrest, authenticated by the ICC; and

any other documents, statements or information required by or under the regulations.

18 Documentation for request for arrest and surrender of person already convicted

If a request is made for arrest and surrender of a person who has already been convicted, the request must contain or be supported by:

a copy of any warrant of arrest for the person, authenticated by the ICC; and

a copy of the judgment of conviction, authenticated by the ICC; and

information to demonstrate that the person sought is the person referred to in the judgment of conviction; and

if the person sought has been sentenced:

a copy of the sentence imposed, authenticated by the ICC; and

in the case of a sentence of imprisonment—a statement of any period already served and the period remaining to be served.

Article 91
Contents of request for arrest and surrender
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.