the person is to appear;
(c) A specific reference to the crimes within the jurisdiction of the ICC which the person is alleged to have committed; and
(d) A concise statement of the facts which are alleged to constitute the crime.
States are required to serve such summons on the person.
Obligations
States must take responsibility for the service of a summons on the relevant person, when requested by the Court to do so (article 58 (7)).
Implementation
a) The ICC needs to know what "conditions restricting liberty (other than detention)" are allowable under a State's national law, when a person on the State's territory is summonsed to appear before the Court in a criminal matter.
b) Legislation and procedures may be needed to ensure service and execution of process within States Parties' jurisdictions, with respect to such summons.
c) Legislation and procedures may be needed to enable the relevant people to enforce the conditions that the ICC determines shall apply after it has consulted with the State, such as confiscation of the person's passport.
3.6 Surrendering a Person to the ICC
"Distinct nature" of the ICC
Description
Article 91 (2)(c) requests States Parties to take into account "the distinct nature of the Court", when determining their requirements for the surrender process in their State. It further provides that "those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome". This wording was chosen to encourage States, if possible, to introduce a more streamlined process for surrendering persons to the ICC than their current process for State-to-State extradition.
The idea behind this is that there are many lengthy delays involved in current procedures for extradition of nationals from one State to another. This is understandable where there are differences in the jurisprudence and standards of trial fairness between different jurisdictions, and States may need to protect their nationals from potential injustices. However, the ICC regime has been established by States Parties themselves. During the surrender of persons to the ICC, considerations relative to the impact of national values on the exercise of criminal law in different States need not be taken into account. These concerns do not arise in the same way with the ICC, to the extent that it is not a foreign jurisdiction, as is the court of another State. All States Parties actively participated in drafting the Rome Statute and will in future actively participate in developing its procedural rules, through their involvement in the Assembly of States Parties. Thus every national will be treated according to the standards set and maintained by the States Parties and there is no need for States to go through elaborate procedures to safeguard their nationals from processes that they have no control over.
Preconditions to an order for surrender
The Statute also creates a considerable number of procedural hurdles for the ICC Prosecutor to overcome, before a request for surrender can be issued by the Court (articles 53, 54 & 58). Therefore, a request for surrender from the ICC is a reliable basis for assuming that: a crime within the jurisdiction of the Court has been or is being committed (article 53 (1)(a)); there is a sufficient legal or factual basis to seek a warrant (article 53 (2)(a)); the prosecution is in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime (article
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