New Zealand

International Crimes and International Criminal Court Act 2000

PART 7 - PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Enforcement of sentences in New Zealand

148.
Special rules in certain cases—

(1)An ICC prisoner serving a sentence in New Zealand may—

(a)be extradited to another country in accordance with the Extradition Act 1999 either—

(i)at the completion of the sentence; or

(ii)during the sentence, but only for a temporary period; or

(b)be required to remain in New Zealand in order to serve any sentence that the prisoner is liable to serve under New Zealand law; or

(c)be required to remain in New Zealand to undergo trial for an offence under New Zealand law.

(2)Despite subsection (1),—

(a)a person to whom subsection (1)(a) applies may not be extradited to another country without the prior agreement of the ICC:

(b)a person to whom subsection (1)(b) or subsection (1)(c) applies may not be required to serve a sentence in New Zealand or to undergo trial for an offence under New Zealand law, as the case may be, that relates to an act or omission that occurred before the designation referred to in section 140(1)(c), without the prior agreement of the ICC.

(3)Subsection (2) does not apply to a person who—

(a)remains voluntarily in New Zealand for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or

(b)voluntarily returns to New Zealand after having left it.


Cf Statute, articles 107(3), 108

Keywords

Extradition



EDIT.