1. Upon being satisfied that the
circumstances so
warrant, any
State Party
in whose
territory the alleged
offender is present shall, in
accordance with
its
laws, take him into
custody or take such other
measures to ensure his
presence
for such
time as is necessary to enable any
criminal or
extradition proceedings
to be instituted. The
State Party shall immediately make a
preliminary inquiry
into the
facts.
2. When a
State Party, pursuant to this
article, has taken a
person into
custody
or has taken such other
measures referred to in paragraph 1 of this
article,
it shall notify without
delay either directly or through the
(a) The
State Party where the
offence was committed;
(b) The
State Party against which the
offence has been directed or attempted;
(c) The
State Party of which the
natural or
juridical person against whom the
offence has been directed or attempted is a
national;
(d) The
State Party of which the alleged
offender is a
national or, if he is
a
stateless person, in whose
territory he has his
habitual residence;
(e) Any other interested
State Party which it considers it appropriate to notify.
3. Any
person regarding whom the
measures referred to in paragraph 1 of this
article are being taken shall be entitled:
(a) To
communicate without
delay with the nearest appropriate
representative
of the
State of which he is a
national or which is otherwise entitled to
protect
his
rights or, if he is a
stateless person, the
State in whose
territory he
has his
habitual residence;
(b) To be
visited by a
representative of that
State.
4. The
provisions of paragraph 3 of this
article shall be without
prejudice
to the
right of any
State Party having a
claim to
jurisdiction in
accordance
with
article 9, paragraph 1 (b), to invite the
International Committee of the
Red Cross to
communicate with and
visit the alleged
offender.
5. The
State which makes the
preliminary inquiry contemplated in paragraph
1 of this
article shall promptly
report its findings to the
States referred
to in paragraph 2 of this
article and indicate whether it intends to
exercise
jurisdiction.