'Rule of speciality' in document 'Netherlands: ICC Implementation Act 2002'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 1. General

Section 12

1. Surrender is not permitted except on the general condition that the person claimed will not be prosecuted, punished or otherwise subjected to restrictions on his personal liberty without the express consent of Our Minister in respect of offences which were committed before the moment of his surrender and for which he has not been surrendered.
2. Surrender is not permitted except on the general condition that, if the person claimed is to be surrendered by the ICC to the authorities of a third State for offences committed before the moment of his surrender, this will occur only with the express consent of Our Minister. The consent may be given in respect of criminal offences for which the person claimed could have been extradited by the Netherlands to the third State.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 6. Expedited procedure
Section 40
In the event of surrender under § 6 of this chapter, section 12, subsection 1 shall not apply.

RELEVANT ROME STATUTE PROVISIONS

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.

ANALYSIS

This provision follows the ICC Statute.