Part 2 Surrender of Persons
ยง 25 Speciality
(relating to Article 101 of the Rome Statute)
(1) As to a suspect surrendered to it, the Court may, in accordance with Article 101 para. 2 of the Rome Statute, prosecute, punish, or impose a limitation on his personal freedom, for criminal acts other than the one for which the surrender was approved, to the extent the criminal acts are within its jurisdiction.
(2) If a foreign state successfully challenges the permissibility of the criminal proceedings before the Court in accordance with Article 19 in conjunction with Article 17 para. 1(a) of the Rome Statute and if the Court intends, therefore, to surrender the suspect to the authorities of that state, para. 1 is not applicable. In this case, the Court shall be promptly requested to return the surrendered person. The extradition law provisions apply to further proceedings.
(3) Para. 1 is also not applicable insofar as a foreign state requests of the Court, of the state in whose sovereign territory the Court has its seat (Host State, Article 3 of the Rome Statute) or of the state of enforcement, the extradition, temporary extradition, deportation, or other transfer to its sovereign territory for criminal prosecution, execution of a sentence, or other sanction. Return of the suspect shall be requested of the Court when adherence to the extradition law provisions applicable to the requesting state cannot be guaranteed in some other way.
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