PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Co-operation relating to offences against administration of justice
23.
Co-operation relating to offences against administration of justice—
(1)If the ICC makes a request for assistance in an investigation or proceeding involving an offence against the administration of justice, that request must be dealt with,—
(a)in the case of a request for surrender, in the manner provided in Parts 3 and 4, and those Parts apply accordingly and with the necessary modifications, subject to any contrary provision in the Statute or the Rules; and
PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Co-operation relating to offences against administration of justice
23.
Co-operation relating to offences against administration of justice—
(2)In addition to the grounds of refusal or postponement specified in Parts 4 and 5, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister of Justice or Attorney-General, as the case may be, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.
PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE
24.
Requests for assistance—
(1)This Part applies to a request by the ICC for assistance that is made under—
(a)Part 9 of the Statute, namely,—
(i)the provisional arrest, arrest, and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction; or
PART 3 - GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE
28.
Consultation—
(1)The Attorney-General or the Minister, as the case may be, must consult with the ICC, without delay, if—
(c)in the case of a request for surrender,—
(i)the person sought cannot be located in New Zealand; or
(ii)it appears that the person in New Zealand is clearly not the person named in the warrant or judgment, as the case may be; or
PART 4 - ARREST AND SURRENDER OF PERSON TO ICC
Request from ICC for arrest and surrender
32.
Request for arrest and surrender—
(1)This Part applies to a request made by the ICC under article 89(1) of the Statute for the arrest and surrender from New Zealand of—
(a)a person in respect of whom the Pre-Trial Chamber has issued a warrant of arrest under article 58 or article 60 of the Statute for an international crime:
(b)a person who has been convicted by the ICC of an international crime.
(2)This Part applies to a request made under article 92 of the Statute for the provisional arrest of a person accused or convicted of an international crime.
(3)The following provisions of this Part apply subject to sections 55 to 66 (which deal with restrictions on surrender and the execution of a request for surrender):
(a)sections 33 to 35 (which deal with arrest where a request for surrender is received):
(b)sections 36 to 38 (which deal with provisional arrest in urgent cases):
(c)sections 39 to 42 (which deal with remand and bail):
(d)sections 43 to 46 (which deal with eligibility for surrender):
(e)sections 47 to 54 (which deal with surrender and temporary surrender).
Cf Statute, articles 58, 60(5), 91(2)-(4), 92(1)
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.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.