'Escape - ICC proceedings' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 4
Cooperation with and assistance to Court in or outside Africa(ss 8-32)

Part 1 Cooperation with court: arrest of persons and their surrender to court (ss 8-13)

11 Removal of persons surrendered

(1) Any person in respect of whom an order to be surrendered has been given under section 10 (5) or who agrees to his or her surrender, may be removed from the Republic in the custody of a person authorized by the Court to receive him or her and if the person escapes while being so removed, he or she may be arrested without a warrant by any person.

(2) Any person who-

(a) while being so removed, escapes or attempts to escape from custody; or

(b) rescues or attempts to rescue from custody any person being so removed,

is guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years.

RELEVANT ROME STATUTE PROVISIONS

Article 111
Escape
If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.