Spans in 'Netherlands: ICC Implementation Act 2002' tagged with 'Arrest for ICC proceedings

'Arrest for ICC proceedings - national procedures' in document 'Netherlands: ICC Implementation Act 2002'

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More information about the keyword 'Arrest for ICC proceedings - national procedures'
More information about the document 'Netherlands: ICC Implementation Act 2002'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC
§ 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.

CHAPTER 2. SURRENDER OF PERSONS TO THE ICC

§ 2. Provisional arrest

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.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.