Spans in 'Kenya - International Crimes Act' tagged with 'Rule of speciality'

'Rule of speciality' in document 'Kenya - International Crimes Act'

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV—ARREST AND SURRENDER OF PERSONS TO ICC

Miscellaneous Provisions relating to Arrest and Surrender

75. (1) Where—
(a) a person is surrendered to the ICC under this Act; and
(b) the ICC requests a waiver of the requirements of
paragraph 1 of article 101 of the Rome Statute (which relates to the rule of speciality),
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).
(2) The consent given under subsection (1) may relate to the person's surrender to another State.
(3) Before giving consent under subsection (1), the Minister—

(a) may request that additional information be provided in accordance with article 91 of the Rome Statute; and
(b) may seek such assurances from the ICC as the Minister thinks fit.

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.