Part 2 Surrender of Persons

§ 11 Provisional Detention of Persons to be Surrendered
(relating to Article 59 para. 1 and 10 Article 92 of the Rome Statute)

(1) When there is a request of the Court for provisional arrest accompanied by the documents set forth in Article 92 para. 2 of the Rome Statute, provisional detention for surrender shall be ordered. The order of detention for surrender shall be rescinded when the suspect has been detained for a total of 60 days for the purpose of the surrender since the day of capture or provisional arrest without a request by the Court for arrest and surrender, nor presentation of the documents required by the Statute to the office responsible pursuant to § 68 para. 1, nor a declaration by the suspect within this deadline of his agreement with streamlined surrender (§ 33).
(2) Prior to receipt of the request for arrest and surrender or a request for provisional arrest, provisional detention for surrender may be ordered when the person has committed an act that would subject him to surrender to the Court and based upon certain criminal acts there is strong suspicion, and
1. danger exists that the suspect will flee prior to the surrender proceedings or implementation of the surrender, or
2. based upon certain criminal acts strong suspicion exists that the suspect will hinder the investigation of the truth in the Court’s proceedings or hinder the surrender proceedings.
Regarding a suspect against whom there is a strong suspicion of genocide (Article 6 of the Rome Statute) or crimes against humanity (Article 7 of the Rome Statute), provisional detention for surrender may also be ordered when certain criminal acts provide a basis that, without arrest of the suspect, the explanation of the acts that the suspect is accused of committing could be endangered. The appropriate measures should be used to ensure that the office responsible pursuant to § 68 para. 1 can inform the Court of the order of detention pursuant to sentence 1 or 2.
(3) An of arrest for surrender pursuant to para. 2 shall be rescinded when the
Court states that it does not want to make a corresponding request or the suspect,
since the day of capture or provisional arrest, has spent one month in detention based upon the surrender, without a request by the Court for arrest and surrender or for provisional arrest having been received by the office responsible pursuant to § 68
para. 1. Upon receipt of a request by the Court for arrest and surrender or for provisional arrest, the deadline referred to in para. 1 sentence 2 shall be applied.

Article 92
Provisional arrest
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
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.
4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.

This provision follows the ICC Statute.