radition from another State (article 91 (2)).
Once a person has been arrested by the State, they must be brought before a competent judicial authority and provided the opportunity to apply for interim release pending surrender (article 59 (2) - (6)). The judicial authority will then order the person to be surrendered to the ICC, in most cases (article 59 (7)). See the section "Surrendering a person to the ICC" for details and exceptions.
Persons who are the subject of an ICC warrant have various rights, which must be respected by the relevant State authorities (article 55). In some circumstances, once a warrant has been issued by the ICC, States may be required to take protective measures for the purpose of forfeiture (article 57 (3)(e)). This may include identifying, tracing, freezing, or seizing proceeds, property, assets, and instrumentalities of crime.
If the Pre-Trial Chamber decides to issue a summons instead of a warrant, it may attach certain conditions to that summons, if provided for by national law (article 58 (7)).
Issue and execution of warrants of arrest
Description
The Pre-Trial Chamber of the ICC can issue warrants for arrest, at the request of the ICC Prosecutor (articles 57 (3)(a) & 58). The details of the preconditions and content of such warrants are set out in article 58 (1) - (3). All such warrants of arrest remain in effect until otherwise ordered by the Court (article 58 (4)).
Once the warrant has been issued by the Pre-Trial Chamber, the Court may then request the State to execute the warrant in accordance with the relevant provisions of Part 9 (article 58 (5)). In most cases, all requests for arrest and surrender must be in writing and supported by certain information, documents, and statements, as set out in article 91. Such information will include the probable location of the person (article 91 (2)(a)). In urgent cases, the Court can make requests via any medium capable of delivering a written record, such as by facsimile, as long as the request is also confirmed via the usual channel for requests (article 91 (2)(a)).
The Court can also request States to provide it with information as to the requirements under national law for supporting documentation and States are required to consult with the Court if such a request is made (article 91 (4)). Note that the requirements under national law should, if possible, be less burdensome than those applicable to requests for extradition, given the distinct nature and purpose of the ICC (article 91 (2)(c)). This latter point is discussed in more detail in the section "Surrendering a person to the ICC".
The requested State must "immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9" (article 59 (1)). Note that article 66 requires that the person be presumed innocent until proved guilty before the Court in accordance with the applicable law.
Provisional arrest
When the Court has already issued a warrant of arrest in accordance with article 58 but does not have the required documentation available to support a request to a State for arrest and surrender, articles 58 (5) & 92 allow the Court to request a State to provisionally arrest the person who is the subject of the warrant. Such a request for provisional arrest is only to be used in urgent cases (article 92 (1)). This request need not be in writing, but can be communicated by any medium capable of delivering a written record, such as email (article 92 (2)). The requirements of the request are outlined in article 91 (2)(a) - (d). States are then required to execute the request immediately (article 59 (1)).
If the required documentation to support the request for arrest and surrender does not reach the State within a certain time, then the person may be released from custody. The
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