Australia

International Criminal Court Act (2002), No. 41, 2002

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 3 Requests by the ICC for arrest and surrender of persons

Division 2—Documentation to accompany request

17 Documentation for request for arrest and surrender of person for whom warrant of arrest has been issued

If a request is made for arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58 of the Statute, the request must contain or be supported by:

information describing the person sought, being information sufficient to identify the person; and
information as to the person’s probable location; and

a copy of the warrant of arrest, authenticated by the ICC; and

any other documents, statements or information required by or under the regulations.

18 Documentation for request for arrest and surrender of person already convicted

If a request is made for arrest and surrender of a person who has already been convicted, the request must contain or be supported by:

a copy of any warrant of arrest for the person, authenticated by the ICC; and

a copy of the judgment of conviction, authenticated by the ICC; and

information to demonstrate that the person sought is the person referred to in the judgment of conviction; and

if the person sought has been sentenced:

a copy of the sentence imposed, authenticated by the ICC; and

in the case of a sentence of imprisonment—a statement of any period already served and the period remaining to be served.

19 Documentation for request for provisional arrest

If a request is made for provisional arrest of a person, the request must contain or be supported by:

Part 3 Requests by the ICC for arrest and surrender of persons Division 2 Documentation to accompany request

Section 19

(a) information describing the person sought, being information sufficient to identify the person; and

(b) information as to the person’s probable location; and

(c) a concise statement of:

the crimes within the jurisdiction of the ICC for which the person’s arrest is requested; and

the facts that are alleged to constitute those crimes, including, where possible, the dates when, and the locations at which, the crimes are alleged to have been committed; and

(d) a statement of the existence of a warrant of arrest, or of a judgment of conviction, against the person sought; and

(e) a statement that a request for surrender of the person will follow.

Keywords

Contents of request for arrest and surrender



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