Rome Statute of the International Criminal Court
Article 92
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:
(a)
Information describing the person sought, sufficient to identify the person,
and information as to that person's probable location;
(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
(d)
A statement that a request for surrender of the person sought will follow.
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.
Article 93
Other forms of cooperation
1.
States Parties shall, in accordance with the provisions of this Part and under
procedures of national law, comply with requests by the Court to provide the
following assistance in relation to investigations or prosecutions:
(a)
The identification and whereabouts of persons or the location of items;
(b)
The taking of evidence, including testimony under oath, and the production
of evidence, including expert opinions and reports necessary to the Court;
(c)
The questioning of any person being investigated or prosecuted;
(d)
The service of documents, including judicial documents;
(e)
Facilitating the voluntary appearance of persons as witnesses or experts
before the Court;
(f)
The temporary transfer of persons as provided in paragraph 7;
(g)
The examination of places or sites, including the exhumation and examination
of grave sites;
(h)
The execution of searches and seizures;
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