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.
2. In the cases provided for in subsection 1, Our Minister may, if he considers that there are grounds for doing so, direct that the person claimed be placed at the disposal of the ICC forthwith for the purposes of his trial by the ICC.
3. If the person claimed, in whose respect subsection 2 is applied, is serving a custodial sentence, the period during which he is placed at the disposal of the ICC shall be deducted from his sentence.

Article 89
Surrender of persons to the Court
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article 97
Consultations
Where a State Party receives a request under this Part in relation to which it identifies
problems which may impede or prevent the execution of the request, that State shall consult with
the Court without delay in order to resolve the matter. Such problems may include, inter alia:
(a) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person
sought cannot be located or that the investigation conducted has determined that the person in the
requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the
requested State to breach a pre-existing treaty obligation undertaken with respect to another State.