time limit for this will be set by the Rules of Procedure and Evidence (article 92 (3)). However, once the documents do arrive, States must immediately re-arrest the person (article 92 (4)). Note that the person can voluntarily consent to being surrendered to the Court even if the State has not received the required supporting documentation, if this is permitted by the law of the requested State. In that case, the requested State must surrender the person to the Court as soon as possible (article 92 (3)).
Note also that a State Party may be requested to help the Prosecutor to prevent certain persons from absconding, pending a decision on the admissibility of a case under article 19, where a warrant of arrest has already been issued (article 19 (8)(c)).
Obligations
(a) States Parties must take immediate steps to respond to requests from the ICC for the execution of arrest warrants, including provisional arrest warrants (article 59). This obligation also applies to warrants that are issued subsequently for a person who was released from custody under article 92 (3) because the required documentation was not received within sufficient time of a provisional arrest (article 92 (4)).
(b) If the Court requests it, States Parties must inform the Court of any special requirements under their national laws for the contents of a request for arrest and surrender (article 91 (4)).
(c) All State officials and other authorities who come into contact with the person to be arrested, must presume that the person is innocent until proved guilty before the Court in accordance with the applicable law (article 66).
(d) If:
(i) a person has been provisionally arrested and the time limit for receipt of the supporting documents has not yet expired; and
(ii) the person who is the subject of the provisional arrest warrant voluntarily consents to be surrendered to the Court; and
(iii) this is permitted by the law of the requested State; then
(iv) the State must proceed to surrender the person to the Court as soon as possible (article 92 (3)).
(e) When requested, States must assist the ICC Prosecutor in preventing certain persons from absconding, pending a decision on the admissibility of a case under article 19, where a warrant of arrest has already been issued (article 19 (8)(c)).
(f) States must take protective measures for the purpose of forfeiture when requested, after a warrant of arrest or a summons has been issued (articles 57 (3)(e) & 93 (1)(k)).
Implementation
(a) Verification of requests
States Parties need a procedure for verifying the contents of requests for arrest and surrender from the ICC (in accordance with the requirements in article 91), and then passing the request on in obligatory form to the relevant authority. For example, States may wish to have a judicial officer verify the ICC request, and then issue their own warrant under State laws. This could help to minimise the number of amendments to national legislation on the execution of arrest warrants. However, States should ensure that any procedures do not unnecessarily delay the execution of the request from the ICC.
(b) National requirements
Any special requirements for requests under national law should be communicated to the Court as soon as possible after ratification of the Statute, to avoid any unnecessary delays at a later stage. These requirements are discussed in detail in the section "Surrendering a person to the ICC".
(c) Apprehension of suspects
Criminal laws and procedures are needed that allow the relevant people to apprehend, detain, arrest, and/or provisionally arrest both nationals and non-nationals for all crimes within the jurisdiction of the ICC. The Statute also refers to the need for observance of national laws, if these exist. I
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