PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

33. Response to requests -

(2) Before deciding to postpone or refuse a request the Minister shall consult with the ICC to ascertain whether the assistance sought could be provided subject to conditions or at a later date or in an alternative manner.

(3) If the Minister decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notification to the ICC shall set out the reasons for the decision.

(4) If the request for assistance cannot be executed for any other reason, the Minister shall set out in the notification to the ICC, the reasons for the inability to execute the request.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

39. Postponement of execution of request for arrest and surrender -

(1) The Minister may postpone the execution of a request for arrest and surrender at any time before the surrender of the person only if –

(a) a determination on admissibility is pending before the ICC;
(b) the request would interfere with an investigation or prosecution in Samoa involving a different offence from that for which surrender to the ICC is requested;
(c) the Minister is consulting with the ICC under section 32 as to whether or not article 98 of the Statute applies to the execution of the request.

(2) If execution of the request for arrest and surrender is postponed under subsection (1)(a) and the ICC decides that the case is admissible, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.

(3) If the execution of the request for arrest and surrender is postponed under subsection (1)(b), the Minister shall consult with the ICC and agree on a period of time for postponement of the execution of the request in accordance with article 94 of the Statute, and the Minister shall proceed with execution of the request after the lapse of that period, unless otherwise agreed with the ICC.

(4) If execution of the request for arrest and surrender is postponed under subsection (1)(c) and the ICC decides to proceed with the request, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.

(5) If the Minister decides to postpone execution of a request for arrest and surrender in accordance with this section after the Minister has transmitted a request under section 36, the Minister shall –

(a) notify the Judge of the postponement and the Judge shall adjourn any pending proceedings until further notice from the Minister; and
(b) notify the Judge at the relevant time whether the execution of the request is to proceed or not, and the Judge shall proceed accordingly with the execution of the request or the discharge of the person.

(6) A decision by the Minister to postpone the execution of a request shall not affect the validity of any act that has been done or any warrant or order made under this Part of this Act prior to the decision, and any such warrant or order shall remain in force unless cancelled by the Judge in accordance with subsection (5)(b).

PART IV
ARREST AND SURRENDER OF PERSON TO ICC


41. Official capacity not a bar to arrest and surrender -

Subject to section 32, the existence of any immunity or special procedural rule attaching, under domestic or international law, to a person shall not be a ground for –

(a) refusing or postponing a request by the ICC for the arrest and surrender of that person; or
(b) holding that that person is ineligible for arrest and surrender to the ICC.

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE


77. Postponement of execution of request for assistance -

(1) The Minister may postpone the execution of a request for assistance under this Part only if -

(a) a determination on admissibility is pending before the ICC;
(b) the execution of the request would interfere with an investigation or prosecution in Samoa involving a different offence from that to which the request relates;
(c) the Minister is consulting with the ICC under section 32(2) as to whether or not article 98(1) of the Statue applies to execution of the request; or
(d) there are competing requests for assistance from ICC and a state, and the Minister in consultation with ICC and the state decides to postpone the execution of the ICC’s request.

(2) If execution of the request for assistance is postponed under subsection (1) (a) and the ICC decides that the case is admissible, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.

(3) If the execution of the request for assistance is postponed under subsection (1)(b), the Minister shall consult with the ICC and agree on a period of time for postponement ofthe execution of the request in accordance with article 94 of the Statute; and the Minister shall proceed with execution of the request after the lapse of the period, unless otherwise agreed with the ICC.

(4) If execution of the request for assistance is postponed under subsection (1) (c) and the ICC decides to proceed with the request, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.

(5) If the execution of the request for assistance is postponed under subsection (1)(d), the Minister shall proceed with the execution of the ICC’s request as soon as practicable.

(6) If the Minister decides to postpone execution of a request for assistance in accordance with this section after the Minister has transmitted the request for execution to the
Attorney General, the Minister shall direct that agency to postpone the execution of the request for such period as is specified in the direction.

(7) A decision by the Minister to postpone the execution of a request shall not affect the validity of any act that has been done or any warrant or order made under this Part of this Act prior to the decision, and any such warrant or order shall remain in force unless cancelled.

Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95
Postponement of execution of a request in respect of an admissibility challenge
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.