Part 4—Other requests by ICC

Division 2—Documentation to accompany request


50 Documentation for request

(1) A request for cooperation (other than a request to which subsection (2) applies) must, as applicable, contain or be supported by:

(a) a concise statement of the purpose of the request and the assistance requested, including the legal basis and the grounds for the request; and
(b) as much detailed information as possible about the location or identification of any person or place that must be found or identified in order that the assistance requested can be provided; and
(c) a concise statement of the essential facts underlying the request; and
(d) the reasons for, and details of, any procedure or requirement to be followed; and
(e) any other information required under the regulations to enable the request to be executed; and
(f) any other relevant information that is necessary to enable the assistance to be provided.

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.

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 2 Documentation to Cover Request

19 Documentation for request for provisional arrest

If a request is made for provisional arrest of a person, the request must contain or be supported by:

(a) information describing the person sought, being information sufficient to identify the person; and

(b) information as to the person’s probable location; and

(c) a concise statement of:

the crimes within the jurisdiction of the ICC for which the person’s arrest is requested; and

the facts that are alleged to constitute those crimes, including, where possible, the dates when, and the locations at which, the crimes are alleged to have been committed; and

(d) a statement of the existence of a warrant of arrest, or of a judgment of conviction, against the person sought; and

(e) a statement that a request for surrender of the person will follow.

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

(1) A request for cooperation (other than a request to which subsection (2) applies) must, as applicable, contain or be supported by:

a concise statement of the purpose of the request and the assistance requested, including the legal basis and the grounds for the request; and

as much detailed information as possible about the location or identification of any person or place that must be found or identified in order that the assistance requested can be provided; and

a concise statement of the essential facts underlying the request; and

the reasons for, and details of, any procedure or requirement to be followed; and

any other information required under the regulations to enable the request to be executed; and

any other relevant information that is necessary to enable the assistance to be provided.

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.