Part IV – Arrest and Surrender of Person to ICC

Request from ICC for Arrest and Surrender

26. Request for arrest and surrender.
(1) Subject to sections 27 and 28, when the Minister receives a request for arrest and surrender under article 89 of the Statute, the Minister shall, if satisfied that the request is supported by the information and documents required by article 91 of the Statute –

(a) transmit the request and any supporting documents to a Registrar and request the endorsement of the ICC warrant or the issue of a domestic warrant as appropriate; and

(b) notify the Director of Public Prosecutions.

(2) Upon receipt of a request under subsection (1) (a) the Registrar, if satisfied that there are reasonable grounds to suspect that the person named in the warrant is in or on his or her way to Uganda shall –

(a) if the request is accompanied by a warrant of arrest, endorse the warrant for execution by a police officer in any part of Uganda; or

(b) if the request relates to a person convicted by the ICC and is not accompanied by a warrant of arrest, issue a warrant of arrest in form as near as possible to a prescribed form under the criminal procedure law of Uganda, for execution by the police officer in any part or Uganda.

27. Refusal of request for arrest and surrender.
(1) The minister shall refuse a request for arrest and surrender, at any time before the surrender of the person, only if –

(a) the ICC has decided that the case to which the request relates is inadmissible on any ground; or

(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination by the ICC that article 98 of the Statute applies to the request.

(2) The minister may refuse a request for arrest and surrender of a person, at any time before the surrender of the person only if –

(a) there is a competing request for extradition from one or more States not party to the Statute for the person for the same conduct which forms the basis of the crime for which the ICC seeks the person’s surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 41; or

(b) there is a competing request from one or more States not party to the Statute for the extradition of the person for different conduct from that which constitutes the crime for which the ICC requests the person’s surrender and a decision to extradite is made in accordance with article 90 of the Statute and section 41.



(3) If the Minister decides to refuse a request for arrest and surrender in accordance with subsection (1) or (2) after he or she has transmitted a request under section 26, he or she shall notify the Registrar who shall cancel any warrant or delivery order issued by him or her and ensure the person’s release from custody or conditions prescribed in relation to bail arising from that warrant or order.

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 –

(a) a determination on admissibility is pending before the ICC;

(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;

(c) the Minister is consulting with the ICC under section 24 (6) as to whether or not article 98 of the Statute applies to execution of the request.

(2) If execution of the request for arrest and surrender is postponed under subsection (1)(a) and the ICC decides that the case is admissible the Minister shall proceed with the execution of the request as soon as possible after the decision.

(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.

(4) If execution of the request for arrest and surrender is postponed under subsection (1)(c) and the ICC decides to proceed with the request, the Minister shall proceed with the execution of the request as soon as possible after the decision.

(5) If the Minister decides to postpone execution of a request for arrest and surrender in accordance with this section after he or she has transmitted a request under section 26, he or she shall –

(a) notify the Registrar of the postponement and the Registrar shall adjourn any pending proceedings until further notice from the Minister; and

(b) notify the Registrar at the relevant time whether the execution of the request is to proceed or not, and the Registrar shall proceed accordingly with the execution of the request or the discharge of the person.

(6) A decision by the Minister to postpone the execution of a request shall not affect the validity of any act that has been done or any warrant or order made under this Part prior to the decision and any such warrant or order remains in effect unless cancelled by the Registrar in accordance with subsection (5)(b)

Part III – General Provisions Relating to Requests for Assistance

20. Requests for assistance.
(1) This Part applies to a request by the ICC for assistance that is made under –

(a) Part 9 of the Statute, namely –

(i) the provisional arrest, arrest, and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;

Part III – General Provisions Relating to Requests for Assistance

21. Making of requests.

(4) If a request for arrest and surrender is transmitted in accordance with subsection (2), it shall be followed by an original.

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

Locating or Identifying Persons of Things


48. Assistance in arranging service of documents.
(1) Where the ICC requests assistance under any of articles 19(8), 56, 58(7), 64, or 93(1)(d) of the Statute in arranging for the service of a document in Uganda, the Minister shall give authority for the request to proceed and transmit the request to the appropriate Ugandan agency if the Minister has reasonable grounds to believe that the person or body to be served is or may be in Uganda.

(b) a summons to an accused that has been issued under article 58(7) of the Statute.

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.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the
custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.