n other words, States could grant this jurisdiction to their regular law enforcement officers, who would already be familiar with national laws.
Any such laws and procedures should allow for persons who are provisionally arrested (in accordance with article 92) to be released from custody, if the appropriate documents are not received from the ICC within a certain time limit (article 92 (3)), and then to arrest that person subsequently, once the documents arrive (article 92 (4)).
These laws and procedures should also state that the person who is to be arrested must be presumed innocent until proved guilty by the ICC, if the relevant legislation in the State does not already provide for this. The person should therefore be treated with consideration and respect, and not treated like a person who has already been convicted.
(d) Voluntary surrender
If a State wishes to, and adequate national laws do not already exist, the State may need to draft new laws to allow for persons who are provisionally arrested to be voluntarily surrendered to the Court as soon as possible. Article 92 (3) allows for this to occur if the time period has not expired for delivery to the State of supporting documentation for a regular arrest warrant. However, the State need not impose such a restriction.
(e) Time in custody
States should also keep a record of any time that the person spends in custody, in order to be able to assist the Court with any future sentencing decisions if the person is convicted subsequently (articles 78 (2) & 86).
(f) Preventing persons from absconding
States need laws and procedures to prevent persons who are the subject of a warrant from absconding. For example, the legislation could provide that where the Prosecutor makes such a request, the appropriate national authorities have the right to take the person's passport away, or something similar. The laws and procedures should also allow the relevant law enforcement personnel to apprehend and detain the person, if necessary.
(g) Forfeiture
States that already have Proceeds of Crime legislation or its equivalent may only need to make minor amendments to this legislation, to allow the relevant authorities to identify, trace and freeze or seize the proceeds, property and assets and instrumentalities of crimes within the ICC's jurisdiction that are alleged to have been committed. This type of forfeiture must be without prejudice to the rights of bona fide third parties and it is ultimately for the benefit of victims of crimes within the jurisdiction of the ICC. Those States that do not have Proceeds of Crime legislation may need to make substantial revisions to their laws on criminal procedure, to allow the relevant authorities to have access to an accused person's property before conviction, on the basis of a warrant of arrest or a summons issued under article 58. There are other provisions in the Statute concerning forfeiture at later stages in the proceedings. So, States without the relevant legislation at present will also need to ensure that they have comprehensive laws and procedures that allow them to meet this obligation at all stages of an ICC proceeding. Note that the ICC will only seek the co-operation of States in this respect prior to conviction, "having due regard to the strength of the evidence and the rights of the parties concerned" (article 57(3)(e)).
Rights of the person
Description
As mentioned previously, article 66 provides that everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law. Article 67 further provides that the accused is entitled to a fair hearing conducted impartially, in accordance with the guarantees set out in that article. In order that these procedural guarantees to the accused are respected and to ensure that the proceedings are
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