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

Section 16.—Where—

(a) a person whose surrender has been requested by the International Criminal Court for an offence within its jurisdiction is in custody under this Part, and
(b) the person is also in custody for another offence,
his or her release under this Part shall not affect his or her custody for that other offence.

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

Section 19.—

(2) The Minister—

(b) may, where the person concerned is being investigated or proceeded against in relation to an offence that is not an ICC offence, postpone such action in accordance with Article 94.1.

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

Section 35.—

(1) This section applies to a person who is subject to a surrender order and is also liable to serve, or is serving, a sentence of imprisonment or detention.

(2) A person to whom this section applies shall continue to be liable to serve, or continue to serve, the sentence.

(3) The surrender order may provide—

(a) for the person’s return to the State in accordance with arrangements made by the Minister with the International Criminal Court or, as the case may be, with the state of enforcement, and
(b) for his or her transfer in custody from the state of enforcement to the place of imprisonment or detention.

(4) A period in custody arising from the request for surrender, except any period in the custody of the International Criminal Court or state of enforcement under a sentence of detention imposed by the Court, shall be reckoned as a period served under the sentence of imprisonment or detention.

(5) If a sentence of imprisonment or detention expires while the sentenced person is being detained by or on the order of the International Criminal Court, the Minister shall notify the Court accordingly.

Article 89
Surrender of persons to the Court
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies
problems which may impede or prevent the execution of the request, that State shall consult with
the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person
sought cannot be located or that the investigation conducted has determined that the person in the
requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the
requested State to breach a pre-existing treaty obligation undertaken with respect to another State.