CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 1. General
Section 11
1. At the request of the ICC and subject to the provisions of this chapter, persons shall be surrendered to the ICC:
(a) for prosecution and trial in respect of criminal offences over which the ICC has jurisdiction under the Statute;
(b) for enforcement of a sentence of imprisonment imposed by the ICC.
2. The Extradition Act (Uitleveringswet) is not applicable.

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.

§ 2. Provisional arrest
Section 13
1. A person may be provisionally arrested at the request of the ICC.
2. Any public prosecutor or assistant public prosecutor is authorised to order the provisional arrest.
3. If action on the part of the public prosecutor or the assistant public prosecutor cannot be awaited, any police officer is authorised to arrest the person.
4. The arrested person shall be brought as quickly as possible before the public prosecutor at The Hague District Court.

Section 14
After the person claimed has been questioned in accordance with article 55, paragraph 2, and article 59, paragraph 2 of the Statute, the public prosecutor may order that he be detained in police custody for three days from the moment of the provisional arrest.

Section 15
1. The investigating judge responsible for dealing with criminal cases may, on the application of the public prosecutor, order the remand in custody of the person claimed.
2. Before giving an order pursuant to paragraph 1, the investigating judge shall, if possible, question the person claimed.

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.
5. 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, terminate the order for remand in custody if no request for surrender, together with the relevant documents, has been received from the ICC within sixty days of the date of the provisional arrest.

Section 17
The public prosecutor shall notify Our Minister immediately of every decision taken pursuant to sections 13, 14, 15 or 16.

§ 3. Arrest
Section 18
1. The public prosecutor who has received a request for surrender from Our Minister shall be competent to issue a warrant of arrest, which may be executed throughout the country.
2. The person claimed shall be brought before the public prosecutor within 24 hours of his arrest. After questioning the person claimed in accordance with article 55, paragraph 2, and article 59, paragraph 2 of the Statute, the public prosecutor may order that he be detained in police custody until the date on which the District Court decides on his remand in custody.

Section 19
If the person claimed is already in police custody in accordance with section 14 on the day on which the public prosecutor receives the request for surrender, the deprivation of liberty may be continued on the orders of the public prosecutor, notwithstanding section 15, subsection 1, until the date on which the District Court decides on the remand in custody.

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.

§ 4. Hearing and ruling by the District Court
Section 21
1. After receiving a request for surrender, the public prosecutor shall apply as quickly as possible to the District Court for it to hear the request. He shall lodge the documents with the District Court for this purpose.
2. A copy of the application required in accordance with subsection 1 shall be served on the person claimed. He shall be informed in this connection of the facts for which his surrender has been requested, together with the moments and places at which they were committed, and that the request is for his surrender to the ICC. The first and second sentences shall also apply in cases where the public prosecutor supplements or changes his application following a request received subsequently. The person claimed shall be informed of the receipt of additional documents which added to the file.
3. After the documents have been lodged with the District Court, the person claimed and his counsel may not be denied access to them. The provisions laid down by or pursuant to article 34 of the Code of Criminal Procedure shall apply mutatis mutandis.

Section 22
1. Immediately after receipt of the application referred to in section 21, the president of the District Court shall determine, as far as possible as a matter of priority, the date on which the person claimed will be heard by the District Court. He may issue a warrant to secure the presence of the person claimed.
2. The registrar of the District Court shall notify the public prosecutor and the person claimed immediately of the moment set for the hearing. The notification and, if a warrant has been issued to secure attendance, a copy of the warrant shall be served on the person claimed.
3. If it transpires that the person claimed does not already have counsel, the president shall order the legal aid office to assign counsel.

Section 23
1. The hearing of the person claimed shall take place in public, unless the person claimed wishes the case to be dealt with in closed session or the District Court orders a hearing in closed session on the application of the public prosecutor or on its own initiative for important reasons specified in the record of the proceedings.
2. The hearing shall take place in the presence of the public prosecutor.
3. At the hearing, the person claimed may be assisted by his counsel.
4. If the person claimed has not appeared and the District Court considers his presence at the hearing to be desirable, the District Court shall order the issue of a summons, if necessary accompanied by a warrant to secure his presence, at such a moment as it may determine.

Section 24
1. The District Court shall examine the identity of the person claimed, the admissibility of the request for surrender and the scope for granting the request.
2. The public prosecutor shall express his opinion on the admissibility of the requested surrender at the hearing before the District Court and shall submit a written summary of this to the District Court. The person claimed and his counsel shall also be given the opportunity to make pertinent observations on the request for surrender and the decisions to be taken in this connection.
3. The District Court shall arrange for witnesses or experts to be issued with a summons or subpoena to attend at such moment as it may determine, if necessary accompanied by a warrant to secure their presence, where it considers their presence to be required for the purpose of the investigation to be initiated by it pursuant to subsection 1.

Section 25
1. The District Court shall suspend the investigation for the purpose of consultation with the ICC if, in the provisional opinion of the District Court, the person brought before it is not the person whose surrender has been requested.
2. The public prosecutor shall inform Our Minister of the decision and the reasoning of the District Court.

Section 26
1. On the application of the public prosecutor, the District Court may order the remand in custody of the person claimed at the hearing.
2. Before the examination at hearing is concluded, the District Court shall decide on its own initiative concerning the remand in custody of the person claimed, if he has previously been remanded in custody by the investigating judge or detained in police custody.
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.

Section 27
1. The District Court shall give a ruling on the request for surrender as soon as possible after the conclusion of the examination at the hearing. The ruling shall specify reasons.
2. If the District Court considers that the situation referred to in section 25, subsection 1 exists, it shall declare the surrender to be inadmissible in its ruling.
3. In all other cases the District Court shall declare the surrender to be admissible in its ruling.
4. No legal remedy lies against the ruling. The ruling may be enforced forthwith.

Section 28
1. If the person claimed is not present when the ruling of the District Court is read out, the ruling shall be served on him.
2. The District Court shall immediately send Our Minister a certified copy of its ruling. If the surrender is declared admissible, it shall send with the copy its advisory opinion on the action to be taken on the request for surrender. A copy of the opinion shall be handed or sent by the registrar to the person claimed and his counsel.
3. The registrar shall return the request for surrender, together with the documents relating to it, to Our Minister.

Section 29
1. Articles 37-39, 45-49, 50 paragraph 1, 226, 260 paragraph 1, 268, 269 paragraph 5, 271, 272, 273 paragraph 3, 274-277, 279, 281, 286, 289 paragraphs 1 and 3, 290-301, 318-322, 324-327, 328-331, 345 paragraphs 1 and 3, 346, 357, 362, 363 and 365 of the Code of Criminal Procedure shall apply mutatis mutandis to the assistance of counsel, the proceedings before the District Court, the deliberations and the ruling.
2. The articles referred to in paragraph 1 do not apply in so far as they relate to a witness whose identity is not known or only partially known.

§ 5. Decision on the request and actual surrender
Section 30
1. After Our Minister has received the documents back in accordance with section 28, subsection 3, he shall decide as quickly as possible on the request for surrender.
2. If the surrender has been declared admissible and Our Minister considers that he needs further information from the ICC in order to make a sound decision, he may defer the decision and consult the ICC. Depending on the result of the consultation with the ICC, he may again forward the file of the case to the public prosecutor who has dealt with the request for surrender, after which sections 21-29 will apply again.
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.
4. If and in so far as the surrender has been declared inadmissible, the request shall be refused.

Section 31
If the ICC and one or more States have requested the surrender respectively the extradition of the same person, Our Minister shall decide, having regard to article 90 of the Statute.

Section 32
Our Minister shall notify the public prosecutor and the ICC immediately of his decision on the request for surrender.

Section 33
1. Within ten days of the decision of Our Minister to grant the request for surrender wholly or partially, the person claimed shall be surrendered to the ICC at a time and place to be determined by Our Minister in consultation with the ICC.
2. Deprivation of liberty ordered in accordance with section 26 may be continued until the actual surrender.
3. If Our Minister decides to refuse the request, the public prosecutor shall order that the deprivation of liberty be terminated as soon as he is notified of that decision.

Section 34
1. If necessary for the purposes of section 33, subsection 1, or section 35, subsection 2, the person claimed shall be arrested for a maximum of three days under a warrant issued by a public prosecutor instructed for this purpose by Our Minister. If the actual surrender has not been possible within the period of three days, the warrant of arrest may be extended by the public prosecutor once for a maximum of three days.
2. After extension by the public prosecutor of the period referred to in subsection 1, the period may be extended for four days by the investigating judge on the application of the public prosecutor only. Such an extension may be ordered only if the actual surrender was impossible within the period of six days due to special circumstances.

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.

§ 6. Expedited procedure
Section 36
1. A person whose provisional arrest or surrender has been requested on behalf of the ICC shall be informed, prior to each questioning, of the possibility of stating that he consents to immediate surrender.
2. He may make a statement as referred to in subsection 1 in the presence of the investigating judge until the start of the court hearing. During the court hearing he may make the statement to the District Court.
3. The person claimed may be assisted by counsel when making the statement. If he appears without counsel, his attention shall be drawn to this right by the investigating judge.
4. Before making the statement the person claimed shall be informed of the possible consequences. A record of the statement shall be kept.
5. The investigating judge shall send the record to the public prosecutor.

Section 37
1. After a statement has been made in accordance with section 36, the public prosecutor may decide that the person claimed will be surrendered to the ICC.
2. Subsection 1 shall not apply if (it appears that) the person claimed is the subject of prosecution in the Netherlands or that all or part of a sentence imposed on him by a Dutch court is still eligible for execution. In such a case the public prosecutor shall make an application as referred to in section 21.
3. The public prosecutor shall notify Our Minister immediately of every decision taken under subsections 1 or 2.

Section 38
1. If the public prosecutor has decided in accordance with section 37, subsection 1 that the person claimed will be surrendered to the ICC, section 21 shall not apply.
2. If the application referred to in section 21 has already been lodged with the District Court, it shall be withdrawn immediately. The clerk of the District Court shall then return the request for surrender, together with the accompanying documents, to the public prosecutor.
3. The public prosecutor shall notify the person claimed of the withdrawal of the application.

Section 39
1. Within ten days of the decision of the public prosecutor as referred to in section 37, subsection 1, the person claimed shall be surrendered to the ICC at a moment to be determined by Our Minister in consultation with the ICC. The person claimed may be remanded in custody (at the order of the investigating judge) or detained in police custody until that moment.
2. The public prosecutor may, if necessary, issue a warrant for the arrest of the person claimed for the purpose of his surrender under the provisions of § 6 of this chapter. Section 34 shall also apply mutatis mutandis.

Section 40
In the event of surrender under § 6 of this chapter, section 12, subsection 1 shall not apply.

§ 7. Other provisions
Section 41
1. Objects found in the possession of the person whose surrender or provisional arrest has been requested under the Statute may be seized at the request of the ICC. The seizure shall be carried out by or on the instructions of the public prosecutor or the assistant public prosecutor competent to issue a warrant of arrest or provisional arrest.
2. When making the application referred to in section 21, the public prosecutor shall lodge a list of the objects seized with the District Court.

Section 42
1. When ruling on the request for surrender, the District Court shall also decide on whether the objects seized should be delivered or returned. The delivery of these objects to the ICC may be ordered only if the request for surrender is granted.
2. With a view to possible rights of third parties, the District Court may decide in respect of certain objects that they may be handed over to the ICC only on condition that they will be immediately returned once they are no longer needed for the purposes of the prosecution.
3. The provisions laid down by or pursuant to articles 116-119, 552a and 552c-552e of the Code of Criminal Procedure shall apply mutatis mutandis.
4. In the event of surrender in accordance with the provisions of § 6 of this chapter, the public prosecutor shall decide on the delivery or return of the objects seized, subject to the powers of the District Court under subsection 3.

Section 43
Sections 52-55 and 57 of the Extradition Act (Uitleveringswet) shall apply mutatis mutandis to orders for deprivation of liberty made under this chapter.

Section 44
1. In cases in which surrender has been declared inadmissible by a final and conclusive judgment, the Hague District Court may, at the request of the person claimed, award him compensation against the State for the damage which he has suffered as a consequence of the deprivation of liberty ordered under this Act. For this purpose damage includes non-pecuniary damage. Article 89, paragraphs 3, 4 and 6, and articles 90, 91 and 93 of the Code of Criminal Procedure shall apply mutatis mutandis.
2. In cases as referred to in subsection 1, articles 591 and 591a of the Code of Criminal Procedure shall apply mutatis mutandis to the reimbursement of costs and damage to the person claimed or his heirs. The Hague District Court shall for this purpose replace the court referred to in article 591, paragraph 2 of the Code of Criminal Procedure.

CHAPTER 1. GENERAL PROVISIONS

Section 7

1. If Our Minister considers that there are obstacles or impediments to granting a request of the ICC for cooperation or enforcement, he shall immediately consult with the ICC in order to remove these obstacles or impediments.

2. The following may in any event constitute obstacles or impediments as referred to in subsection 1:

(i) the case referred to in section 25, subsection 1.

CHAPTER 1. GENERAL PROVISIONS

Section 7

5. The processing of a request for the surrender of a person or for enforcement of a decision of the ICC shall be suspended for the duration of the period referred to in subsection 4. The processing of a request for any other form of cooperation may be suspended by Our Minister or, as the case may be, by the public prosecutor after consultation with Our Minister.