Part IV – Arrest and Surrender of Person to ICC

33. Surrender hearing.
(1) If the Registrar is satisfied with respect to a person brought before him or her under this Part that –

(a) there is a warrant of arrest or a judgment of conviction from the ICC in respect of that person; and

(b) the warrant or judgement relates to the person before the Registrar,

the Registrar shall issue a delivery order in respect of that person in accordance with article 59(7) of the Statute.

(2) Where the Registrar issues a delivery order under subsection (1) he or she shall –

(a) transmit the delivery order to the Inspector General of Police for execution;

(b) commit the person to custody pending the execution of the delivery order by the Inspector General of Police; and

(c) send a copy of the delivery order to the Minister.

(3) If the person who is the subject of a delivery order –

(a) is in custody, the Registrar shall order the continued detention of the person under the delivery order and notify the Commission of Prisons and the Superintendent of the prison; of the delivery order; or

(b) is not in custody, the Registrar shall commit him or her to custody and shall notify the Commissioner of Prisons and the Superintendent of the prison.

(4)The Inspector General of Police shall make arrangements with the ICC for the execution of the delivery order as soon as possible, and shall notify the Minister when the person has been surrendered to the ICC in execution of the delivery order.

(5) A delivery order issued under this section is sufficient authority for holding the person specified in the order in custody until his or her delivery to the ICC.

(6) In deciding whether to make a delivery order under this section –

(a) the Registrar shall not require evidence to establish that the trial of the person is justified before the ICC or would be justified under the law of Uganda if the conduct had occurred within Uganda; and

(b) the Registrar shall not receive evidence nor adjudicate on any claim by the person that he or she has been previously tried or convicted for the conduct for which the ICC seeks surrender of the person.

(7) If the person makes a claim, under subsection (6) (b), the Registrar shall advise the Minister of this claim and the Minister shall transmit that information to the ICC.

34. Registrar not to inquire into validity of warrant.
The Registrar dealing with proceedings under this Part shall not inquire into, receive any evidence regarding or make any decisions as to the validity of any warrant or order issued by the ICC.

Surrender and Delivery Orders

35. Surrender by consent.
(1) A person may at any time notify a Registrar that he or she consents to being surrendered to the ICC for the crime or crimes for which the ICC seeks the surrender or the person.

(2) The Registrar may accept the notification of consent under subsection (1) if –

(a) the person is before the registrar when notification of the consent to surrender is given; and

(b) the Registrar is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.

(3) Nothing in this section shall be constructed as preventing a person, in respect of whom the Registrar has made a delivery order, from subsequently notifying the Minister that he or she consents to surrender.

(4) For the avoidance of doubt a person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case the Registrar may make an order under subsection (5).

(5) Where the consent to surrender has been given, the Registrar shall immediately make a delivery order in the same terms as section 33(2) and sections 33 and 34 apply.

36. Effect of delivery order.
(1) A delivery order is sufficient authority for any person to receive the person to whom the order relates, keep him or her in custody and convey him or her to the place where he or she is to be delivered up into the custody of the ICC or of the state of enforcement in accordance with arrangements made by the Inspector General of Police.

(2) A person in respect of whom a delivery order is in force shall be deemed to be in legal custody pending delivery up under the order.

(3) If a person in respect of whom a delivery order is in force escapes or is unlawfully at large, he or she may be arrested without warrant and taken to the place where he or she is required to be or to be taken.

37. Procedure where Registrar refuses order.
(1) Where the Registrar refuses to make delivery order, he or she shall make an order remanding the person arrested in custody for fourteen days, and shall notify the Minister of his or her decision and of the grounds for it.

(2) The Minister may appeal to the High Court against the decision by the Registrar to refuse to make a delivery order.

(3) Where the Registrar is informed that an appeal is be brought against the decision, the order remanding the person arrested shall continue to have effect until the appeal is determined and the person is either discharged or the delivery order is executed.

(4) Where the High Court allows the appeal, it may make a delivery order or remit the case to the Registrar to make a delivery order in accordance with the decision of the High Court.

(5) Where the High Court dismisses the appeal, the person shall be discharged in accordance with the decision of the High Court.

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.

39. Discharge of person no longer required to be surrendered.
Where the ICC informs the Minister that the person arrested upon the request of the ICC is no longer required to be surrendered, the Minister shall notify the Registrar of that fact and the Registrar shall on receipt of the notification make an order for the discharge of the person.

40. Request for temporary surrender.
(1) Where a request for surrender by ICC relates to a crime under the Statute but the person is subject to proceedings for a Uganda offence which has not been finally disposed of or is liable to serve a sentence of imprisonment imposed for a Uganda offence, the Minister may authorise the temporary transfer of that person to the ICC.

(2) The Minister may, before making an authorisation under subsection (1), seek an undertaking from the ICC that the person shall be returned on completion of prosecution, acquittal or service of sentence imposed by the ICC.

(3) Subsection (2),(3),(4) and (5) of section 54 shall apply to an authorisation under subsection (1) with any necessary modifications.

41. Competing requests.
(1) Where a request for surrender of a person is received from the ICC and one or more states also request the extradition of the person for the same conduct that forms the basis of the crime for which ICC seeks the person’s surrender, the Minister –

(a) shall notify ICC and the requesting state of that fact; and

(b) shall determine whether the person is to be surrendered to ICC or to the requesting state.

(2) Where the requesting state is a party to the Statute, priority shall be given to the request from the ICC if the ICC has determined under articles 18 or 19 of the Statute that the case is admissible; and where an admissibility decision is still pending, no person may be extradited under the Extradition Act until the ICC makes a decision on admissibility and determines that the case is inadmissible.

(3) Where the requesting state is not a party to the Statute, priority shall be given to the request for surrender from the ICC, if Uganda is not under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

(4) Where the requesting state is not a party to the Statute and Uganda is under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible, the Minister shall determine whether the person is to be surrendered to the ICC or extradited taking into consideration all the relevant factors referred to in article 90(6) of the Statute.

(5) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than that which constitutes the crimes for which ICC seeks the person’s surrender, priority shall be given to the request from the ICC if Uganda is not under an international obligation to extradite the person to any requesting state.

(6) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than conduct which constitutes the crimes for which ICC seeks the person’s surrender, if Uganda is under an international obligation to extradite to one or more of the requesting states, the Minister shall determine whether the person is to be surrendered to the ICC or extradited to a requesting state in accordance with article 90(7) of the Statute.

42. Request for transit of a person to ICC.
(1) Subject to subsection (4), where the Minister receives a request from the ICC for transit through Ugandan territory of a person –

(a) being surrendered to the ICC;

(b) being surrendered or transferred by another state to ICC;

(c) being transferred from the ICC to a State of enforcement;

(d) being transferred to or from the State of enforcement as a result of a review hearing or other appearance by the person before the ICC,

the Minister shall accede to the request for transit for and the person shall be deemed to be in lawful custody, may be held in any police station, prison or any other place of detention which may be designated by the Minister in consultation with the Minister responsible for internal affairs.

(2) If a person referred to in subsection (1) arrives in Uganda without prior consent to transit, a police officer may at the request of the officer who has custody of the person while the person is being transported, hold the person in custody for a maximum period of 96 hours pending receipt by the Minister of a request under subsection (1).

(3) No authorisation for transit is required if the person being transported is transported by air and no landing is scheduled on Uganda territory.

(4) Notwithstanding subsection (1), the Minister may refuse a request for transit if the Minister considers that transit through Uganda would impede or delay the surrender or transfer of the person being transported.

(5) If an unscheduled landing occurs on Uganda territory, the Minister may require the ICC to submit a request for transit of the transferee under subsection (1) as soon as is reasonably practicable.

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.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.