Spans in 'Ireland - ICC Act 2006' tagged with 'Rule of speciality'

'Rule of speciality' in document 'Ireland - ICC Act 2006'

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More information about the document 'Ireland - ICC Act 2006'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 3
Requests by International Criminal Court for Arrest and Surrender of Persons

Section 36.—

(1) Subject to subsection (2) and in accordance with Article 101, a person surrendered to the International Criminal Court shall not be proceeded against, punished or detained, whether by the Court or an enforcement state, for any offence committed before his or her surrender other than that for which the surrender was requested.

(2) The Minister may, if so requested by the Court and having received such information or assurances from it as he or she considers necessary, waive the requirements of subsection (1) in a particular case.

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.