PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Surrender and temporary surrender

47.
Minister must determine whether person to be surrendered—

(2)The Minister must make a surrender order in respect of the person unless—

(a)the Minister is satisfied that surrender of the person must be refused because a mandatory restriction on surrender specified in section 55(1) applies; or

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

56.
Postponement of execution of request for surrender—

(1)The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if,—

(a)a ruling on admissibility of the kind specified in section 57(1) or section 59(1) or section 60 is pending before the ICC; or

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender
56.
Postponement of execution of request for surrender—

(1)The Minister may postpone the execution of a request for surrender under this Part at any time before the person sought is surrendered if, and only if,—

(b)the request would interfere with an investigation or prosecution for a different offence against New Zealand law, as provided in section 58; or

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

58.
Ongoing New Zealand investigation or proceedings involving different conduct—

(1)This section applies if the ICC makes a request for surrender that would interfere with an investigation or proceedings in New Zealand involving different conduct.

(2)If this section applies, the Minister may, after consultation with the ICC,—

(a)proceed with the execution of the request in accordance with section 56(2), despite the New Zealand investigation or proceedings; or

(b)postpone the execution of the request until the New Zealand investigation or proceedings have been finally disposed of.

(3)Nothing in this section limits or affects section 48 which allows the Minister to make a surrender order that comes into force at a later date if a person is serving a sentence for a different offence against New Zealand law.

Cf Statute, article 94

59.
Person being prosecuted in New Zealand for same conduct—

(1)This section applies if—

(a)the ICC makes a request for surrender; and

(b)the request relates to conduct that would constitute an offence under New Zealand law; and

(c)either—

(i)the conduct is being investigated or prosecuted in New Zealand; or

(ii)the conduct had been investigated in New Zealand and a decision was made not to prosecute the person sought, that decision not being due to the unwillingness or genuine inability to prosecute; and

(d)a challenge to the admissibility of the case is being or has been made to the ICC under article 19(2)(b) of the Statute.

(2)If this section applies, the Minister may postpone the execution of the request for surrender until the ICC has made its determination on admissibility.

(3)If the ICC determines that the case is inadmissible, surrender must be refused.

(4)If the ICC determines that the case is admissible and there is no other ground for refusing or postponing the request, the request must continue to be dealt with under this Part.

Cf Statute, articles 17(1), 19(2)(b), 95

Article 19
Challenges to the jurisdiction of the Court or the admissibility of a case
2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or
(c) A State from which acceptance of jurisdiction is required under article 12.