Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

38. Discharge of person not delivered up.
(1) If the person in respect of whom a delivery order has been made is not delivered up under the order within sixty days after it was made, an application may be made by that person or by someone duly authorised by him or her for discharge.

(2) On an application made under this section, the court shall order the person’s discharge, unless reasonable cause is shown for the delay.

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.