CHAPTER II: COOPERATION WITH THE COURT
SECTION I: PRINCIPLES OF COOPERATION

Art. 6 Immunities

1 On application by the Federal Department of Justice and Police (Department), the
Federal Council shall decide on questions of immunity relating to article 98 in conjunction with article 27 of the Statute which arise in the course of the execution of requests..

2 Where paragraph 1 applies, the Department may order arrest or other preventive measures.

CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT

SECTION II: DETENTION PENDING SURRENDER AND SEIZURE

Art. 18 Search, arrest and seizure

1 Requests for search and arrest shall contain:
a. information as accurate and complete as possible describing the person sought, including information as to the person’s probable location;
b. a short statement of the facts including, where possible, the date and place of the act;
c. a statement of the existence of a valid warrant of arrest or a judgment of conviction against the person;
d. a statement that a request for surrender will follow.

2 If the Central Authority honors the request, it shall initiate a search for the person and order the arrest and, if necessary, search of the person.

3 Upon arrest, objects and assets shall be seized that may serve as evidence in proceedings before the Court or that derive from the criminal act.

4 Arrest and seizure shall be reported to the Central Authority. The Central Authority shall inform the Court immediately and ask the Court to make a request for surrender.

Art. 19 Warrant for arrest pending surrender

1 In anticipation of arrest or immediately after arrest the Central Authority shall issue a warrant for arrest pending surrender. The warrant shall include:
a. information concerning the person being prosecuted and the alleged act;
b. notification that the Court is asking for the surrender of the person;
c. notice of the right to appeal as provided in paragraph 4 and of the right to counsel.

2 If the person is not fit to remain in detention or if otherwise justified, the Central Authority may, after informing the Court and giving full consideration to the Court’s recommendations, order security measures other than detention.

3 Upon presentation of the warrant for detention pending surrender, the executing authorities shall ascertain whether the person is identical to the person designated in the request. The authorities shall explain to the person the conditions for surrender and for simplified surrender (art. 23). The person shall be questioned briefly regarding personal circumstances and whether and for what reasons the person objects to the warrant or to the surrender; the person’s counsel may assist at this hearing.

4 The warrant for detention pending surrender may be appealed within ten days of written presentation of the warrant; appeals must be lodged with the Federal Supreme Court. Articles 214 et seq. of the Federal Law of 15 June 1934 on Federal Criminal Procedure shall apply by analogy.

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.