Request for arrest and surrender

Iceland

Iceland - Extradition Act 1984 (2016) EN

II. chapter. Handling of extradition cases.

Article 12
A request for extradition shall be made through diplomatic channels, unless otherwise agreed with the State concerned.
The extradition request shall include information on the citizenship of the person wanted to be extradited, his or her place of residence in this country if he or she is known, the nature of the offense and where and when it was committed. If there is a description of the person wanted extradited, it must be included. A request for extradition shall also be accompanied by a copy of the legal provisions to which the act is deemed to apply. If there are significant difficulties in obtaining a transcript, it may be sufficient to explain the legal provisions to those who are believed to have been violated.
A request for extradition for the processing of a case shall be accompanied by an original or certified copy of an arrest warrant or other arrest decision which, in accordance with an agreement, is in accordance with the law of the state in question and which argues that there are valid reasons to suspect the person .
Upon a request for extradition by a person for enforcement in court, the court shall accompany or certify his transcript.

Iceland - Law Implementing the Rome Statute of the International Criminal Court 2001 (2011) EN

''Article 1 Scope''

If the International Criminal Court requests, in accordance with the Court's Convention of 17 July 1998 (Rome Convention), that actions be taken in Iceland for the investigation or handling of a case, such requests shall be dealt with in accordance with the provisions of this Act. The same applies to requests from the Court for the enforcement of judgments.
Request for actions according to Paragraph 1 shall be sent [Minister] 1) which otherwise communicates with the court on behalf of the Icelandic state.

Rome Statute

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 89 Surrender of persons to the Court

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.