Section 39p. 39

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(b) The requested State shall, if it is under an existing

international obligation to extradite the person to the

requesting State, determine whether to surrender the

person to the Court or to extradite the person to the

requesting State. In making its decision, the requested

State shall consider all the relevant factors, including but

not limited to those set out in paragraph 6, but shall give

special consideration to the relative nature and gravity of

the conduct in question.

8. Where pursuant to a notification under this article, the

Court has determined a case to be inadmissible, and

subsequently

extradition

to

the

requesting

State

is

refused, the requested State shall notify the Court of this

decision.

ARTICLE 91

Contents of request for arrest and surrender

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 1 (a).

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.

ARTICLE 92

Provisional arrest

1. In urgent cases, the Court may request the provisional

arrest of the person sought, pending presentation of the

request for surrender and the documents supporting the

request as specified in article 91.

2. The request for provisional arrest shall be made by any

medium capable of delivering a written record and shall

contain:

(a) Information describing the person sought, sufficient

to identify the person, and information as to that person's

probable location;

(b) A concise statement of the crimes for which the

person's arrest is sought and of the facts which are

alleged

to constitute those crimes, including, where

possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a

judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person

sought will follow.

3. A person who is provisionally arrested may be released

from custody if the requested State has not received the

request for surrender and the documents supporting the

request as specified in article 91 within the time limits

specified

in

the

Rules

of

Procedure

and

Evidence.

However, the person may consent to surrender before the

expiration of this period if permitted by the law of the

requested State. In such a case, the requested State shall

proceed to surrender the person to the Court as soon as

possible.

4. The fact that the person sought has been released

from custody pursuant to paragraph 3 shall not prejudice

the subsequent arrest and surrender of that person if the

request for surrender and the documents supporting the

request are delivered at a later date.

ARTICLE 93

Other forms of cooperation

1. States Parties shall, in accordance with the provisions of

this Part and under procedures of national law, comply

with requests by the Court to provide the following

assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the

location of items;

(b) The taking of evidence, including testimony under

oath, and the production of evidence, including expert

opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or

prosecuted;

(d)

The

service

of

documents,

including

judicial

documents;

(e) Facilitating the voluntary appearance of persons as

witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in

paragraph 7;

(g) The examination of places or sites, including the

exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including

official records and documents;

(j) The protection of victims and witnesses and the

preservation of evidence;

(k) The identification, tracing and freezing or seizure of

proceeds, property and assets and instrumentalities of

crimes for the purpose of eventual forfeiture, without

prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by

the law of the requested State, with a view to facilitating

the investigation and prosecution of crimes within the

jurisdiction of the Court.

2. The Court shall have the authority to provide an

assurance to a witness or an expert appearing before the

Court that he or she will not be prosecuted, detained or

subjected to any restriction of personal freedom by the

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