Spans in 'Samoa: ICC Act' tagged with 'Rule of speciality'

'Rule of speciality' in document 'Samoa: ICC Act'

Jump to:

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

54. Waiver of requirements of article 101 of the Statute -

Where a person is surrendered to the ICC under this Part of this Act and the ICC requests the waiver of the requirements of paragraph (1) of article 101 of the Statute with respect to that person, the Minister, having regard to the information provided by the ICC with respect to that person, shall endeavor to consent to the person being proceeded against, punished or detained for conduct committed prior to surrender, not being conduct constituting crimes for which the person has been surrendered to the ICC.

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.