Part IV – Arrest and Surrender of Person to ICC

Request from ICC for Arrest and Surrender

28. Postponement of execution of request for arrest and surrender.
(1) The Minister may postpone the execution of a request for arrest and surrender at any time before the person is surrendered only if –


(b) the request would interfere with an investigation or prosecution in Uganda involving a different offence from that for which surrender to the ICC is requested;

Part IV – Arrest and Surrender of Person to ICC

Request from ICC for Arrest and Surrender

28. Postponement of execution of request for arrest and surrender.


(3) If the execution of the request for arrest and surrender is postponed under subsection (1)(b), the Minister shall consult with the ICC and agree on a period of time for postponement of the execution of the request in accordance with article 94 of the Statute; and the Minister shall proceed with execution of the request after the lapse of the period, unless otherwise agreed with the ICC.

Part V – Domestic Procedures for Other Types of Co-operation


61. Postponement of execution of request for assistance.

(1) The Minister may postpone the execution of a request for assistance under this Part only if –
(b) the execution of the request would interfere with an investigation or prosecution in Uganda involving a different offence from that for which the assistance is requested;

Part V – Domestic Procedures for Other Types of Co-operation


61. Postponement of execution of request for assistance.

(3) If the execution of the request for assistance is postponed under subsection (1)(b) , the Minister shall consult with the ICC and agree on a period of time for postponement of the execution of the request in accordance with article 94 of the Statute; and the Minister shall proceed with execution of the request after the lapse of the period, unless otherwise agreed with the ICC.

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).