CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 2. Provisional arrest
Section 16
1. The investigating judge may, on his own initiative or on the application of the public prosecutor or at the request of the person claimed or his counsel, order that on account of urgent and exceptional circumstances the deprivation of liberty pursuant to the provisions of § 2 of this chapter be ended or discontinued or suspended subject to conditions. The conditions to be imposed shall in any event be designed to prevent absconding.
2. The investigating judge shall not make an order as referred to in subsection 1 until the ICC, having been consulted for this purpose through the intermediary of Our Minister, has made recommendations pursuant to article 59, paragraph 5 of the Statute within a period to be determined by Our Minister.
3. The suspension or discontinuation shall end automatically as soon as the public prosecutor has been informed, in accordance with section 32, of the decision of Our Minister permitting the surrender.
4. Article 80, paragraphs 1, 3, 4 and 5, and articles 81-88, with the exception of article 86, paragraph 5, of the Code of Criminal Procedure shall apply mutatis mutandis to orders for provisional discontinuation and suspension made pursuant to paragraph 1.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 3. Arrest

Section 20

1. The investigating judge may order, on his own initiative, on the application of the public prosecutor or at the request of the person claimed or his counsel, that on account of urgent and exceptional circumstances the deprivation of liberty in accordance with the provisions of § 3 of this chapter be ended or discontinued or suspended subject to conditions. The conditions to be imposed shall in any event be designed to prevent absconding.
2. Section 16, subsections 2-5, shall apply mutatis mutandis.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 4. Hearing and ruling by the District Court

Section 26

3. The District Court may, on its own initiative, on the application of the public prosecutor or at the request of the person claimed or his counsel, order that on account of urgent and exceptional circumstances the deprivation of liberty pursuant to the provisions of § 4 of this chapter be ended or discontinued or suspended subject to conditions. The conditions to be imposed shall in any event be designed to prevent absconding.
4. Section 16, subsections 2-5 shall apply mutatis mutandis.

Article 59
Arrest proceedings in the custodial State
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

This provision follows the ICC Statute.

The ICC Implementation Act 2002 allows for the application of interim release the investigative judge, the public prosecutor or the arrested person. The Rome Statute only refers to the right of the arrested person to apply for interim release.