Article 91 Contents of request for arrest and surrender

Geldend

Documentgegevens:

Geldend vanaf 01-07-2002

Redactionele toelichting: Herplaatsing van het Statuut van 17-07-1998, Trb. 1999, 13.
Bronpublicatie:: 17-07-1998, Trb. 2000, 120 (uitgifte: 17-10-2000, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-07-2002
Bronpublicatie inwerkingtreding:: 26-07-2002, Trb. 2002, 135 (uitgifte: 01-01-2002, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Rechtshandhaving
Internationaal strafrecht / Internationale tribunalen

1.

A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1a).

2.

In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:

a): Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
b): A copy of the warrant of arrest; and
c): Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.

3.

In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:

a): A copy of any warrant of arrest for that person;
b): A copy of the judgement of conviction;
c): Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and
d): If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.

4.

Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.