'Arrest for ICC proceedings - obligation' in document 'Norway: Implementation of ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

§ 4. Compulsory measures

Compulsory measures may be used at the request of the Court. The provisions of sections 15, 20 and 24 of the Act of 13 June 1975 No. 39 relating to the surrender of offenders apply correspondingly in so far as they are appropriate. If the use of a compulsory measure is conditional on there being just cause to suspect that an offence has been committed, the Court's finding on this point shall be adopted. A person may be arrested and remanded in custody on the application of the Court, even if the conditions set out in sections 170 a and 171 of the Criminal Procedure Act are not fulfilled.

A person who has been arrested has the right to apply for interim release pending surrender. The said person may be granted interim release if the Rome Statute’s conditions for so doing are fulfilled. Before the court releases the said person, the Court shall be notified and given the opportunity to make recommendations.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.