'Contents of request for provisional arrest' in document 'Germany: Cooperation with ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 The order of detention for surrender shall be rescinded when the suspect has been detained for a total of 60 days for the purpose of the surrender since the day of capture or provisional arrest without a request by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).

RELEVANT ROME STATUTE PROVISIONS

Article 58
Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the
arrest and surrender of the person under Part 9.

Article 92
Provisional arrest
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.