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

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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
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.