Rome Statute of the International Criminal Court
Article 59
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.
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:
(a)
The warrant applies to that person;
(b)
The person has been arrested in accordance with the proper process; and
(c)
The person's rights have been respected.
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).
5.
The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations
to the competent authority in the custodial State. The competent authority in the custodial State shall give
full consideration to such recommendations, including any recommendations on measures to prevent the
escape of the person, before rendering its decision.
6.
If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status
of the interim release.
7.
Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon
as possible.
Article 60
Initial proceedings before the Court
1.
Upon the surrender of the person to the Court, or the person's appearance before the Court voluntarily or
pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the
crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including
the right to apply for interim release pending trial.
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.
3.
The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and
may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify
its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so
require.
4.
The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial
due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing 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 61
Confirmation of the charges before trial
1.
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Subject to the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary
appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which
the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the
person charged, as well as his or her counsel.