Spans in 'Austria: Cooperation with the ICC' tagged with 'Rule of speciality'

'Rule of speciality' in document 'Austria: Cooperation with the ICC'

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More information about the keyword 'Rule of speciality'
More information about the document 'Austria: Cooperation with the ICC'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit

30. Speciality
1. A person surrendered to the International Criminal Court pursuant to this federal law may not be prosecuted, taken into custody or sentenced for any offence committed prior to transfer other than that for which he or she is being surrendered.
2. At the request of the International Criminal Court, the person may be released from the restrictions in paragraph 1. Prior to a decision in respect of such a request, the International Criminal Court may be requested to transmit a record regarding the statements of the person surrendered and additional information.
3. The decision on such a request shall be taken by the Federal Minister of Justice. Release from the said restrictions shall be granted if the offence in respect of which the request is made falls within the jurisdiction of the International Criminal Court and there are no grounds for challenging the admissibility of proceedings before the International Criminal Court pursuant to paragraph 5(2) above.

Part 2
Specific provisions

Section 2

16. Summonses

2. The person summoned is not obliged to acquiesce to the summons. At the request of the person summoned, of the accused or of their counsel, the Federal Ministry of Justice shall obtain from the International Criminal Court the assurance that the person shall not be subject to prosecution, arrest or detention on account of an act engaged in prior to the person’s exit from the Republic of Austria.

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.