Section 30p. 30

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(b)

A

specific

reference

to

the

crimes

within

the

jurisdiction of the Court which the person is alleged to

have committed;

(c) A concise statement of the facts which are alleged to

constitute those crimes;

(d) A summary of the evidence and any other information

which establish reasonable grounds to believe that the

person committed those crimes; and

(e) The reason why the Prosecutor believes that the arrest

of the person is necessary.

3. The warrant of arrest shall contain:

(a) The name of the person and any other relevant

identifying information;

(b)

A

specific

reference

to

the

crimes

within

the

jurisdiction of the Court for which the person's arrest is

sought; and

(c) A concise statement of the facts which are alleged to

constitute those crimes.

4. The warrant of arrest shall remain in effect until

otherwise ordered by the Court.

5. On the basis of the warrant of arrest, the Court may

request the provisional arrest or the arrest and surrender

of the person under Part 9.

6. The Prosecutor may request the Pre-Trial Chamber to

amend the warrant of arrest by modifying or adding to

the crimes specified therein. The Pre-Trial Chamber shall

so amend the warrant if it is satisfied that there are

reasonable grounds to believe that the person committed

the modified or additional crimes.

7. As an alternative to seeking a warrant of arrest, the

Prosecutor may submit an application requesting that

the Pre-Trial Chamber issue a summons for the person to

appear. If the Pre-Trial Chamber is satisfied that there are

reasonable grounds to believe that the person committed

the crime alleged and that a summons is sufficient to

ensure

the

person's

appearance,

it

shall

issue

the

summons, with or without conditions restricting liberty

(other than detention) if provided for by national law, for

the person to appear. The summons shall contain:

(a) The name of the person and any other relevant

identifying information;

(b) The specified date on which the person is to appear;

(c)

A

specific

reference

to

the

crimes

within

the

jurisdiction of the Court which the person is alleged to

have committed; and

(d) A concise statement of the facts which are alleged to

constitute the crime.

The summons shall be served on the person.

ARTICLE 59

Arrest proceedings in the custodial State

1.

A

State

Party

which

has

received

a

request

for

provisional

arrest

or

for

arrest

and

surrender

shall

immediately take steps to arrest the person in question in

accordance with its laws and the provisions of Part 9.

2. A person arrested shall be brought promptly before the

competent judicial authority in the custodial State which

shall determine, in accordance with the law of that State,

that:

(a) The warrant applies to that person;

(b) The person has been arrested in accordance with the

proper process; and

(c) The person's rights have been respected.

3. The person arrested shall have the right to apply to the

competent authority in the custodial State for interim

release pending surrender.

4. In reaching a decision on any such application, the

competent authority in the custodial State shall consider

whether, given the gravity of the alleged crimes, there are

urgent and exceptional circumstances to justify interim

release and whether necessary safeguards exist to ensure

that the custodial State can fulfil its duty to surrender the

person to the Court. It shall not be open to the competent

authority of the custodial State to consider whether the

warrant of arrest was properly issued in accordance with

article 58, paragraph 1 (a) and (b).

5. The Pre-Trial Chamber shall be notified of any request

for interim release and shall make recommendations to

the competent authority in the custodial State. The

competent authority in the custodial State shall give full

consideration to such recommendations, including any

recommendations on measures to prevent the escape of

the person, before rendering its decision.

6. If the person is granted interim release, the Pre-Trial

Chamber may request periodic reports on the status of

the interim release.

7. Once ordered to be surrendered by the custodial State,

the person shall be delivered to the Court as soon as

possible.

ARTICLE 60

Initial proceedings before the Court

1. Upon the surrender of the person to the Court, or the

person's

appearance

before

the Court voluntarily or

pursuant to a summons, the Pre-Trial Chamber shall

satisfy itself that the person has been informed of the

crimes which he or she is alleged to have committed, and

of his or her rights under this Statute, including the right

to apply for interim release pending trial.

2. A person subject to a warrant of arrest may apply for

interim release pending trial. If the Pre-Trial Chamber is

satisfied

that

the conditions set forth in article 58,

paragraph 1, are met, the person shall continue to be

detained. If it is not so satisfied, the Pre-Trial Chamber

shall release the person, with or without conditions.

3. The Pre-Trial Chamber shall periodically review its

ruling on the release or detention of the person, and may

do so at any time on the request of the Prosecutor or the

person. Upon such review, it may modify its ruling as to

detention, release or conditions of release, if it is satisfied

that changed circumstances so require.

4. The Pre-Trial Chamber shall ensure that a person is not

detained for an unreasonable period prior to trial due to

inexcusable delay by the Prosecutor. If such delay occurs,

the Court shall consider releasing the person, with or

without conditions.

5. If necessary, the Pre-Trial Chamber may issue a warrant

of arrest to secure the presence of a person who has been

released.

ARTICLE 61

Confirmation of the charges before trial

1. Subject to the provisions of paragraph 2, within a

reasonable time after the person's surrender or voluntary

appearance before the Court, the Pre-Trial Chamber shall

hold a hearing to confirm the charges on which the

Prosecutor intends to seek trial. The hearing shall be held

in

the

presence

of

the

Prosecutor and the person

charged, as well as his or her counsel.

2. The Pre-Trial Chamber may, upon request of the

Prosecutor or on its own motion, hold a hearing in the

absence of the person charged to confirm the charges on

which the Prosecutor intends to seek trial when the

person has:

© Compiled by RGL

30 of 192