PART IV – ARREST AND SURRENDER OF PERSONS
16. Interim release
(1) A person arrested shall have the right to apply to a Magistrate for interim release,
and, on any such application, the Magistrate shall consider whether –
(a) given the gravity of the alleged crime, there are urgent and exceptional circumstances to justify interim release; and
(b) necessary safeguards have been or will be taken to ensure that the person will surrender to the International Criminal Court.
(2) It shall not be open to the Magistrate to consider whether the warrant of arrest was properly issued in accordance with Article 58, paragraph 1(a) and (b) of the Statute.
(3) The Pre-Trial Chamber of the International Criminal Court shall be informed by the Magistrate of any request for interim release and the Magistrate shall give full consideration to any recommendation made by the Pre-Trial Chamber in the matter.
Interim release pending surrender
EDIT.