International Criminal Court Act 2006
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Issue of provisional arrest warrant. |
22.— (1) The High Court may issue a warrant (in this Part referred to as a “provisional arrest warrant”) for the arrest of a person on the sworn information of a member of the Garda Síochána not below the rank of inspector that he or she has reason to believe— | |
(a) that the International Criminal Court has made a request under Article 92 for the provisional arrest of the person on grounds of urgency, | ||
(b) that the person is in, or on the way to, the State, | ||
(c) that the person— | ||
(i) is accused or suspected by that Court of having committed an ICC offence or an offence under section 11 (1)(a), or | ||
(ii) has been convicted by it of such an offence, | ||
and | ||
(d) that a request for the arrest and surrender of the person will be duly made. | ||
(2) The Court shall cause the Minister to be informed forthwith of the issue of the warrant. | ||
(3) Where, at any time before the execution of the warrant, it appears to the Minister that a request for the surrender of the person named in it will not be received from the International Criminal Court or that proceedings will not be instituted by it against the person, the Minister may by order cancel the warrant and shall forthwith cause the High Court to be notified accordingly. | ||
(4) A provisional arrest warrant may be issued in respect of a person notwithstanding the previous issue or refusal of a warrant for the person's arrest under this Part. |