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International Criminal Court Act 2006

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Number 30 of 2006


INTERNATIONAL CRIMINAL COURT ACT 2006


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Interpretation (general).

3. Interpretation by courts of Act and Statute.

4. Requests by International Criminal Court.

5. Expenses.

PART 2

Domestic Jurisdiction in ICC Offences

6. Interpretation (Part 2).

7. Genocide, crimes against humanity and war crimes.

8. Offences ancillary to genocide, crimes against humanity and war crimes.

9. Proceedings for ICC offence.

10. Penalty for ICC offence.

11. Offences against administration of justice.

12. Extra-territorial jurisdiction.

13. Applicable law.

14. Protection of victims and witnesses.

PART 3

Requests by International Criminal Court for Arrest and Surrender of Persons

15. Interpretation (Part 3).

16. Effect of release under this Part.

17. Request for arrest and surrender.

18. Conflicting requests.

19. Certificate by Minister of making of request.

20. Issue of arrest warrant.

21. Request for provisional arrest.

22. Issue of provisional arrest warrant.

23. Execution of arrest warrants.

24. Proceedings after provisional arrest.

25. Surrender order.

26. Adjournment and remand.

27. Time lapse before surrender.

28. Removal to hospital or other place.

29. Consent to surrender.

30. Surrender.

31. Postponement of surrender.

32. Release by order of Minister.

33. Release by order of High Court.

34. Release not a bar to subsequent arrest or surrender.

35. Imprisoned or detained persons whose surrender requested.

36. Rule of specialty.

PART 4

Requests to Freeze Assets and Enforce Orders of International Criminal Court

37. Interpretation (Part 4).

38. Freezing orders.

39. Registration of freezing orders.

40. Enforcement of ICC orders.

41. Realisation of property.

42. Exercise of powers by High Court or receiver.

43. Receivers: supplementary provision.

44. Bankruptcy of defendant, etc.

45. Property dealt with by Official Assignee.

46. Winding up of company holding realisable property.

47. Interest on sums unpaid under enforcement orders.

48. Currency of payments under enforcement orders.

49. Application of proceeds of realisation.

PART 5

Other Requests

50. Identification evidence.

51. Locating persons and identifying or locating property, etc.

52. Taking of evidence.

53. Questioning.

54. Service of documents.

55. Temporary transfer of prisoner.

56. Transit.

57. Act not to limit provision of other assistance.

PART 6

Miscellaneous

58. Sittings in State of International Criminal Court.

59. Investigations in State by Prosecutor.

60. Immunities and privileges relating to International Criminal Court.

61. State or diplomatic immunity, etc.

62. Requests to International Criminal Court for assistance.

63. Evidence in proceedings.

64. Regulations.

65. Amendment of International War Crimes Tribunals Act 1998.

66. Consequential amendments.

SCHEDULE 1

Statute of the International Criminal Court, done at Rome on 17 July 1998

SCHEDULE 2

Agreement on the Privileges and Immunities of the International Criminal Court

SCHEDULE 3

Consequential Amendments

SCHEDULE 4

Convention on the Prevention and Punishment of the Crime of Genocide. Adopted by the General Assembly of the United Nations on 9 December 1948


Acts Referred to

Air Navigation and Transport Act 1973

1973, No. 29

Bail Act 1997

1997, No. 16

Bankruptcy Act 1988

1988, No. 27

Central Bank Act 1971

1971, No. 24

Children Act 2001

2001, No. 24

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2005

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice Act 1960

1960, No. 15

Criminal Justice Act 1994

1994, No. 15

Criminal Justice Act 1999

1999, No. 10

Criminal Justice (Legal Aid) Act 1962

1962, No. 12

Criminal Justice (Safety of United Nations Workers) Act 2000

2000, No. 16

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

Criminal Justice (United Nations Convention against Torture) Act 2000

2000, No. 11

Criminal Law (Rape) Acts 1981 and 1990

Criminal Law Act 1997

1997, No. 14

Criminal Procedure Act 1967

1967, No. 12

Defence Act 1954

1954, No. 18

Dentists Act 1985

1985, No. 9

Diplomatic Relations and Immunities Act 1967

1967, No. 8

European Arrest Warrant Act 2003

2003, No. 45

Extradition (European Convention on the Suppression of Terrorism) Act 1987

1987, No. 1

Extradition Act 1965

1965, No. 17

Extradition Acts 1965 to 2001

Geneva Conventions Act 1962

1962, No. 11

Geneva Conventions (Amendment) Act 1998

1998, No. 35

Genocide Act 1973

1973, No. 28

International War Crimes Tribunals Act 1998

1998, No. 40

Medical Practitioners Act 1978

1978, No. 4

Mercantile Marine Act 1955

1955, No. 29

Misuse of Drugs Act 1977

1977, No. 12

Official Secrets Act 1963

1963, No. 1

Prisons Act 1970

1970, No. 11

Prisons Act 1972

1972, No. 7

Proceeds of Crime Act 1996

1996, No. 30

Registration of Deeds Act 1707

6 Anne, c. 2

Registration of Title Act 1964

1964, No. 16

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Number 30 of 2006


INTERNATIONAL CRIMINAL COURT ACT 2006


AN ACT TO PROVIDE FOR THE PUNISHMENT BY COURTS IN THE STATE AND BY COURTS-MARTIAL OF GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES AND OTHER OFFENCES WITHIN THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT, WHICH WAS ESTABLISHED UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT, DONE AT ROME ON 17 JULY 1998; TO ENABLE EFFECT TO BE GIVEN TO REQUESTS BY THAT COURT FOR ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF THOSE OFFENCES, INCLUDING REQUESTS TO ARREST AND SURRENDER PERSONS, TO FREEZE ASSETS AND TO ENFORCE ANY FINES OR FORFEITURES IMPOSED BY IT; TO MAKE PROVISION IN RELATION TO ANY SITTINGS OF THE COURT THAT MAY BE HELD IN THE STATE; AND TO PROVIDE FOR RELATED MATTERS.

[31st October, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: