Spans in 'New Zealand - ICC Act' tagged with 'Rule of speciality'

'Rule of speciality' in document 'New Zealand - ICC Act'

Jump to:

More information about the keyword 'Rule of speciality'
More information about the document 'New Zealand - ICC Act'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Miscellaneous provisions relating to arrest and surrender

80.
Consent to trial of surrendered person for previous offences—

(1)This section applies if—

(a)a person is surrendered to the ICC under this Act; and

(b)the ICC requests a waiver of the requirements of article 101(1) of the Statute (which relates to the rule of speciality).

(2)If this section applies, the Minister may consent to the person being proceeded against, punished, or detained for conduct committed before surrender (not being the conduct or course of conduct that forms the basis of the crimes for which that person has been surrendered).

(3)The consent given under subsection (2) may relate to the person's surrender to another State.

(4)Before giving consent under subsection (2), the Minister—

(a)may request that additional information be provided in accordance with article 91 of the Statute:

(b)may seek any assurances from the ICC that the Minister thinks fit.

Cf 1999 No 55 s 30(5); Statute, articles 91, 101

RELEVANT ROME STATUTE PROVISIONS

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.