New Zealand

International Crimes and International Criminal Court Act 2000

PART 4 - ARREST AND SURRENDER OF PERSON TO ICC

Restrictions on surrender

55.
Refusal of surrender—

(1)The Minister must refuse a request by the ICC for the surrender of a person if—

(a)there have been previous proceedings against the person and section 57(4) applies; or

(b)the ICC determines that the case is inadmissible and section 59(3) or section 60(2) applies; or

(c)section 66(3) applies.

(2)The Minister may refuse a request by the ICC for the surrender of a person if—

(a)there are competing requests from the ICC and a State that is not a party to the Statute relating to the same conduct and section 63(4) applies; or

(b)there are competing requests from the ICC and a State that is not a party to the Statute relating to different conduct and section 64(3) applies.

(3)To avoid doubt,—

(a)the only grounds on which surrender to the ICC may be refused are those specified in this section and, if applicable, section 23(2) (which relates to offences involving the administration of justice); and

(b)the restrictions on surrender specified in the Extradition Act 1999 do not apply in relation to a request for surrender from the ICC.

Keywords

Refusal of ICC request



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