Spans in 'Austria: Cooperation with the ICC' tagged with 'Provisional arrest

'Provisional arrest - consent to surrender' in document 'Austria: Cooperation with the ICC'

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More information about the keyword 'Provisional arrest - consent to surrender'
More information about the document 'Austria: Cooperation with the ICC'
The relevant provisions of implementing legislation: [1]
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

25. Simplified surrender
1. Should a person being held in provisional custody pending surrender on the basis of a request from the International Criminal Court pursuant to paragraph 24(1) above agree to surrender to the International Criminal Court before the end of the time period in paragraph 24(3), the investigating judge shall order the person’s surrender, without prejudice to a challenge of admissibility pursuant to paragraph 5(2) above. In such cases the person shall be surrendered to the International Criminal Court as soon as possible.
2. The investigating judge shall inform the person that his or her consent cannot be revoked. The judge’s instruction shall be noted in the record.
3. In the event of simplified surrender, there is no need for the International Criminal Court to send a request for surrender and supporting material.

RELEVANT ROME STATUTE PROVISIONS

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.