53 (2)(c)); in order to establish the truth, the Prosecutor has or will extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under the Statute, including incriminating and exonerating circumstances equally (article 54 (1)(a)); the arrest of the person appears necessary to the Pre-Trial Chamber in order to ensure the person's appearance at trial, to ensure that the person does not obstruct or endanger the investigation or the court proceedings, or to prevent the person from continuing with the commission of the crime (article 58 (1)); and the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crimes stated in the warrant (article 58 (1)(a)).
No grounds for refusal
Furthermore, all States have a vested interest in eliminating the crimes over which the ICC has jurisdiction, as these are the most serious crimes of concern to the international community as a whole. The Statute was written specifically to deal with these crimes, independent of any political or diplomatic considerations, which may exist between States. The Statute provides many assurances that these crimes will be tried according to the highest standards of international law, and procedural safeguards that ensure the utmost protection, submitted to an extremely rigourous regime of eligibility which gives States the initial responsibility to prosecute and punish these crimes.
Therefore the Statute provides no grounds for refusal to surrender a person to the ICC and requires States Parties to comply with all requests for arrest and surrender (article 89 (1)). Once the State has ordered the surrender of the person, in accordance with its procedures under the ICC regime, the person must be delivered to the Court as soon as possible (article 59 (7)). In this way, States will assist the Court with dispensing justice in a timely fashion. Note that States may not be required to pay for the cost of transporting the person to the Court, under article 100 (1)(e).
Obligations
a) States Parties must implement a procedure for surrendering a person to the ICC when requested (articles 59 (7) & 89 (1)). This procedure must not allow for any grounds for refusal to surrender.
b) The procedure should not have any more burdensome requirements than the State's normal extradition procedures, and should, if possible be less burdensome, taking into account the distinct nature of the Court (article 91 (2)(c)).
c) States must ensure that the person is delivered to the Court as soon as possible after making an order for the surrender of the person (article 59 (7)).
Implementation
a) Streamlined approaches
States may wish to take a streamlined approach to executing requests for surrender from the ICC, in order to ensure that the Court is not delayed unnecessarily in carrying out its valuable work for the international community. If possible, they should establish a special procedure for surrender to the ICC, which eliminates some of the usual hurdles involved in extradition proceedings. For example, they may wish to reduce the number of appeals that a person can make, or dispense with the right of appeal altogether, in order to speed up the process of bringing the person before the ICC. Under article 14 (5) of the International Covenant on Civil and Political Rights, which sets out the basic minimum standards under international law, a person only has a right of appeal against a conviction or a sentence, not an order for extradition or surrender. The Rome Statute is silent on the issue of appeals against orders for surrender at the national level.
b) At the very least, States Parties should ensure that they have an expedited procedure for transporting persons to the ICC, once an order for surrend
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