Rome Statute of the International Criminal Court
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:
(a)
The name of the person and any other relevant identifying information;
(b)
The specified date on which the person is to appear;
(c)
A specific reference to the crimes within the jurisdiction of the Court which
the person is alleged to have committed; and
(d)
A concise statement of the facts which are alleged to constitute the crime.
The summons shall be served on the person.
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.
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