'Surrender - obligation' in document 'Liechtenstein: Cooperation with the ICC '

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

I. General Provisions

Article 2
General principle
(1) The Liechtenstein authorities, in particular the courts, the public prosecutor, custodial authorities and security authorities have an obligation to cooperate fully with the International Criminal Court and the International Tribunals.

(2) The obligation in paragraph 1 above shall consist in particular:

(a) pursuant to this law and in accordance with the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court, in granting the Court access to information and documents concerning suspected crimes falling within its jurisdiction, providing it with judicial assistance, surrendering accused persons, accepting sentenced persons for enforcement of sentences, and enforcing fines and forfeitures;

(3) Unless stipulated otherwise in this law, the law on judicial assistance and the 1975 Code of Criminal Procedure shall apply.

I. General Provisions

Article 7
Surrender of Liechtenstein nationals

Nothing precludes the surrender of Liechtenstein nationals to the International Criminal Court or an International Tribunal or their transit or transport or surrender to another State for the enforcement of a sentence passed by the International Criminal Court or an International Tribunal.

II. Specific provisions

D. Custody pending surrender, surrender and transit

Custody pending surrender and orders for surrender

Article 27
(a) at the request of the International Criminal Court

(1) In the event of a request for the arrest and surrender of an accused person from the International Criminal Court, on application by the public prosecutor, the judge of the princely court shall initiate the surrender procedure and order the arrest of the accused person, his or her custody pending surrender and, in accordance with the following paragraphs, his or her surrender to the International Criminal Court. The judge of the princely court shall not have competence to consider the allegations giving rise to the arrest warrant or the grounds therefor.

RELEVANT ROME STATUTE PROVISIONS

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.