GENERAL PROVISIONS

SECTION 3
A person who is suspected, accused or sentenced by the International Criminal Court for genocide, crimes against humanity or war crimes and who is staying in Sweden may be surrendered to the Court following a decision by the Government.
A decision on detention or a judgment issued by the International Criminal Court shall be accepted as grounds for a decision on surrender to the Court.
Surrender may be postponed pending a decision by the International Criminal Court concerning whether the Court will entertain the matter for adjudication. Furthermore, surrender may be combined with conditions or, following agreement with the Court, be postponed if a preliminary investigation has been initiated or prosecution instituted in Sweden for another act than that to which the application relates.

SECTION 4
The provisions contained in Section 14 of the Act on Extradition for Criminal Offences (1957:668) shall apply to applications for surrender to the International Criminal Court.
Before the Government issues a decision following a request, the Prosecutor-General shall state his or her views. As a basis for his or her views, the Prosecutor-General shall direct that the necessary investigation be conducted in accordance with the rules applicable in connection with preliminary investigations of criminal matters. If there are special reasons, the Government shall obtain the views of the Supreme Court before it determines the matter.

SECTION 5
In a matter concerning surrender to the International Criminal Court, compulsory measures may be used without a special investigation being submitted in support of the fact that the person subject to the application has committed the alleged crime. If the Court has requested that the person referred to in the application should be deprived of his or her liberty, such person shall be detained unless it is clear that detention is unwarranted. A person who is detained may request that a new hearing is held within three weeks from when a decision was last made. Otherwise, that generally prescribed for criminal matters shall apply to matters of compulsory measures.
A decision concerning compulsory measures may also be made after when the surrender has been decided. A decision by the court applies, unless otherwise decided, until the matter has been determined or, when the surrender has been decided, until it has been executed.

SECTION 6
A person who is suspected, accused or sentenced for a crime, which according to this Act may result in surrender to the International Criminal Court, may upon the request of the Court or where he or she is posted as sought owing to a decision of the Court, immediately be arrested or have a travel prohibition or a duty to report imposed upon him or her by a prosecutor in accordance with that generally applicable in criminal matters. Seizure may also take place in such cases.
An arrest shall be made if it is not clear that arrest is unwarranted.
Compulsory measures in accordance with the first paragraph may be used without a special investigation having been submitted in support of the fact that the person subject to the application has committed the alleged crime.
If compulsory measures are decided in accordance with the first paragraph, Section 23, second to fourth paragraphs of the Act on Extradition for Criminal Offences (1957:668) shall apply. However, the time limit for the submission of an application for surrender shall be 60 days from the date when the person was arrested or a travel prohibition or a duty to report was imposed.

SECTION 7
The International Criminal Court shall be given an opportunity to state its views before the person who has been deprived of his or her liberty at the request of the Court in accordance with Section 5 or 6 is released or made subject to a travel prohibition or a duty to report.

SECTION 8 Repealed by SFS 2003:1173.

SECTION 9
A decision on surrender to the International Criminal Court shall be enforced by the police authority. Is the person who is to be surrendered is at liberty, he or she may, if necessary for the surrender to take place, be taken and held in the custody of the police authority, though for 48 hours at most. (SFS 2003:1173)

SECTION 10
The Government may at the request of the International Criminal Court permit a person who has been surrendered to the Court to be prosecuted at the Court for another act that has been committed prior to the surrender than that for which the surrender took place.
The Government may also permit a person who has been surrendered to
the International Criminal Court to be transferred from the Court to another State for prosecution. Section 24 of the Act on Extradition for Criminal Offences (1957:668) or Section 18 of the Extradition of Offenders to Denmark, Finland, Iceland and Norway Act (1959:254) shall apply to such transfer matters.
If consent is not given in accordance with the second paragraph, the Government shall request that the person surrendered to the International Criminal Court shall be returned to Sweden.

SECTION 11
If a person who has been transferred by the International Criminal Court to Sweden for trial in Sweden, should be returned to the Court, the provisions contained in Section 26 a of the Act on Extradition for Criminal Offences (1957:668) shall apply.

SECTION 12
If a State requests extradition of a person whom the International Criminal Court has requested to be surrendered to the Court, the Government should decide whether the person shall be surrendered to the Court or extradited to the State.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.