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 12—Enforcement in Australia of sentences imposed by ICC

Division 3- Enforcement of Sentences

177 Special rules in certain cases

(1) An ICC prisoner serving a sentence in Australia may:

(a) be extradited to a foreign country in accordance with the Extradition Act 1988 either:
after the completion of, or release from, the sentence; or
during the sentence, but only for a temporary period; or

(b) be required to remain in Australia in order to serve a sentence that he or she is liable to serve under Australian law.

(2) Despite subsection (1):

(a) a person to whom paragraph (1)(a) applies may not, without the prior agreement of the ICC, be extradited to a foreign country; and

(b) a person to whom paragraph (1)(b) applies may not, without the prior agreement of the ICC, be prosecuted or punished in Australia;

for an offence constituted by an act or omission that occurred before the making of the relevant designation referred to in paragraph 162(1)(c).

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

remains voluntarily in Australia for more than 30 days after the date of completion of, or release from, the sentence imposed by the ICC; or

voluntarily returns to Australia after having left it.

Keywords

Extradition



EDIT.