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Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.89 Surrender of persons to the Court/Remise de certaines personnes à la Cour

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Transport — Elements of crimes — International criminal law, victims — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 89 of the Rome Statute of the International Criminal Court. Article 89 governs the surrender of suspects to the Court. When the Court transmits a request for arrest and surrender, the requested State must comply. A State Party is obliged to authorize transportation through its territory of a person being surrendered to the Court by another State, in accordance with its national procedural law, except where transit through that State would impede or delay the surrender. The Statute also anticipates the possibility that a person whose surrender is sought will challenge transfer in the national courts on the basis of the principle of ne bis in idem, set out in article 20 of the Rome Statute.

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