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arrest [Global Index]


ARTICLE-7: Crimes against humanity     [go to this ARTICLE]
... (i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time. ...


ARTICLE-19: Challenges to the jurisdiction of the Court or the admissibility of a case     [go to this ARTICLE]
... (a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58; ...
... (c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58. ...


ARTICLE-55: Rights of persons during an investigation     [go to this ARTICLE]
... (d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute. ...


ARTICLE-56: Role of the Pre-Trial Chamber in relation to a unique investigative opportunity     [go to this ARTICLE]
... (c) Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter. ...
... (d) Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence; ...
... (d) Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence; ...


ARTICLE-57: Functions and powers of the Pre-Trial Chamber     [go to this ARTICLE]
... (b) Upon the request of a person who has been arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence; ...
... (c) Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information; ...
... (e) Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims. ...


ARTICLE-58: Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear     [go to this ARTICLE]
... Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear ...
... 1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that: ...
... (b) The arrest of the person appears necessary: ...
... (e) The reason why the Prosecutor believes that the arrest of the person is necessary. ...
... 3. The warrant of arrest shall contain: ...
... (b) A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and ...
... 4. The warrant of arrest shall remain in effect until otherwise ordered by the Court. ...
... 5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9. ...
... 5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9. ...
... 5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9. ...
... 6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes. ...
... 7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain: ...


ARTICLE-59: Arrest proceedings in the custodial State     [go to this ARTICLE]
... Arrest proceedings in the custodial State ...
... 1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9. ...
... 1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9. ...
... 1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9. ...
... 2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that: ...
... (b) The person has been arrested in accordance with the proper process; and ...
... 3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender. ...
... 4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b). ...


ARTICLE-60: Initial proceedings before the Court     [go to this ARTICLE]
... 2. A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions. ...
... 5. If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the presence of a person who has been released. ...


ARTICLE-85: Compensation to an arrested or convicted person     [go to this ARTICLE]
... Compensation to an arrested or convicted person ...
... 1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. ...


ARTICLE-89: Surrender of persons to the Court     [go to this ARTICLE]
... 1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender. ...
... 1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender. ...
... 1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender. ...
... (iii) The warrant for arrest and surrender; ...


ARTICLE-91: Contents of request for arrest and surrender     [go to this ARTICLE]
... Contents of request for arrest and surrender ...
... 1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a). ...
... 2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by: ...
... 2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by: ...
... (b) A copy of the warrant of arrest; and ...
... 3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by: ...
... (a) A copy of any warrant of arrest for that person; ...


ARTICLE-92: Provisional arrest     [go to this ARTICLE]
... Provisional arrest ...
... 1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91. ...
... 2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain: ...
... (b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime; ...
... (c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and ...
... 3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible. ...
... 4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date. ...