Part IV – Arrest and Surrender of Person to ICC

Request from ICC for Arrest and Surrender

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 –

(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.

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 –



(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.

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.


(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.

Part III – General Provisions Relating to Requests for Assistance

24. Response to be sent to ICC.

(6) If the Minister is of the opinion that the circumstances set out in article 98 of the Statute apply to a request for provisional arrest, arrest and surrender or other assistance, he or she shall consult with the ICC and request a determination as to whether article 98 applies.

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

60. Refusal of request.
(1) The Minister shall refuse a request for assistance under this Part only if –

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

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 –

(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; or

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


61. Postponement of execution of request for assistance.

(4) If execution of the request for assistance 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.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.