Spans in 'Netherlands: ICC Implementation Act 2002' tagged with 'Postponement

'Postponement - ongoing investigation or prosecution' in document 'Netherlands: ICC Implementation Act 2002'

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More information about the keyword 'Postponement - ongoing investigation or prosecution'
More information about the document 'Netherlands: ICC Implementation Act 2002'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 1. GENERAL PROVISIONS
Section 7
2. The following may in any event constitute obstacles or impediments as referred to in subsection 1:
(g) granting the request of the ICC immediately would obstruct an investigation or prosecution in a case other than that to which the request relates;

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 5. Decision on the request and actual surrender
Section 30
3. If the person claimed is being prosecuted in the Netherlands for the same offence, Our Minister shall, when deciding to grant the request, also give instructions for the prosecution to be discontinued

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 5. Decision on the request and actual surrender
Section 35
1. Notwithstanding section 33, subsection 1, and section 34, the decision on the time and place of surrender shall be deferred if and in so far as the person claimed is the subject of criminal proceedings in the Netherlands or all or part of a sentence imposed on him by a Dutch court is still eligible for enforcement.

RELEVANT ROME STATUTE PROVISIONS

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

ANALYSIS

This provision follows the ICC Statute.

Section 30(3) of the ICC Implementation Act 2002 allows the Dutch Minister to discontinue the ongoing national prosecution, thus providing immediate assistance to the ICC by reducing the likelihood of postponement.