'Rule of speciality - waiver' in document 'Sweden: ICC Cooperation Act'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PROVISIONS

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.

RELEVANT ROME STATUTE PROVISIONS

Article 101
Rule of speciality
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.