Part IV – Arrest and Surrender of Person to ICC

Bail

32. Person arrested on a provisional warrant.
(1) Where a person has been provisionally arrested under section 29, the Registrar shall not proceed under section 30 until –

(a) the Registrar has received a notice from the Minister that the request for surrender and supporting documents required under article 91 of the Statute have been received by the Minister; and

(b) the relevant documents have been transmitted to the Registrar by the Minister under section 29(5)

(2) Pending the receipt of the notice and documents under subsection (1), the Registrar may adjourn the proceedings from time to time

(3) If the Registrar has not received the notice specified in subsection (1)(a) within 60 days of the date of the provisional arrest of the person, he or she shall release the person from custody or on bail unless satisfied that the period for submission of the notice should be extended in the interests of justice.

(4) The release of a person under subsection (3) shall be without prejudice to any subsequent proceedings that may be brought for the arrest and surrender of the person to the ICC.

Article 59
Arrest proceedings in the custodial State
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.