Contents of request for arrest and surrender - national law requirements

New Zealand

New Zealand - International Crimes and International criminal Court Act 2000 (2021) EN

80
(4) Before giving consent under subsection (2), the Minister—
(a) may request that additional information be provided in accordance with Article 91 of the Statute:
(b) may seek any assurances from the ICC that the Minister thinks fit.

New Zealand - International War Crimes Tribunal Act 1995 (2021)EN

International War Crimes
Tribunals Act 1995

Public Act 1995 No 27 Date of assent 9 June 1995
Commencement 9 June 1995

contents

Title
Short Title
Interpretation
Act to bind the Crown

Part 1
Request by a Tribunal for assistance
Tribunal may request assistance
Form of requests

Part 2
Arrest and surrender of person to a Tribunal
Arrest of persons
Notice by Attorney-General
Issue of warrants

Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the MinistryMinistryDepartment of Justice.

Form of request
A request from a Tribunal under that is in writing and specifies -
(a) the nature of the investigation or prosecution in respect of which the request is made; and
(b) in a certificate from the Tribunal, that the request is in respect of an investigation or prosecution relating to a Tribunal offence; and
(c) the legal basis on which the Tribunal relies for conducting the investigation or prosecution and

Part 2
19.
The request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal,- the Attorney General shall, by notice in writing, directed to any Judge, state that the request has been received. Where any notice is sent to a Judge under subsection (1).

Content of surrender warrant

Rome Statute

Article 91 Contents of request for arrest and surrender

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.