International War Crimes Tribunals Act, 1998

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Number 40 of 1998


INTERNATIONAL WAR CRIMES TRIBUNALS ACT, 1998


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Interpretation.

3.

Application.

PART II

Arrest and Surrender of Persons

4.

Construction of this Part.

5.

Request for surrender.

6.

Conflicting surrender requests.

7.

Request for extradition or rendition of same person.

8.

Certification of surrender request.

9.

Issue of arrest warrant.

10.

Request for provisional arrest.

11.

Provisional arrest warrant.

12.

Execution of warrants.

13.

Court proceedings following provisional arrest.

14.

Committal or release of arrested person.

15.

Powers of adjournment and remand.

16.

Evidence and presumptions.

17.

Removal to hospital or other place.

18.

Surrender order.

19.

Time lapse before surrender.

20.

Postponement of surrender order.

21.

Release if not conveyed out of State.

22.

Release by order of the Minister.

23.

Release does not affect subsequent request.

24.

If custodial sentence imposed under Irish law is not completed before release.

25.

If custodial sentence imposed under Irish law is not completed before surrender.

26.

If judgment has already been passed for the same conduct.

PART III

Proceedings in Irish Courts or Tribunals

27.

International tribunal's jurisdiction to be considered.

28.

Discontinuance of proceedings at international tribunal's request.

PART IV

Other Forms of Assistance

29.

Orders to make material available.

30.

Search warrants.

31.

Orders respecting property.

32.

Status, privileges and immunities of international tribunal.

33.

Transit through the State.

34.

Act not to limit provision of other assistance.

PART V

Miscellaneous

35.

Offence.

36.

Expenses.

37.

Power to make regulations.

38.

Repeal.

FIRST SCHEDULE

Resolution 827 (1993) Adopted by the Security Council of the United Nations

SECOND SCHEDULE

Resolution 955 (1994) Adopted by the Security Council of the United Nations

THIRD SCHEDULE

Statute of the Former Yugoslavia Tribunal

FOURTH SCHEDULE

Statute of the Rwanda Tribunal


Acts Referred to

Criminal Justice Act, 1960

1960, No. 27

Criminal Justice Act, 1994

1994, No. 15

Criminal Law Act, 1976

1976, No. 32

Extradition Acts, 1965 to 1994

Proceeds of Crime Act, 1996

1996, No. 30

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Number 40 of 1998


INTERNATIONAL WAR CRIMES TRIBUNALS ACT, 1998


AN ACT TO ENABLE IRELAND TO FULFIL ITS OBLIGATIONS TO CO-OPERATE WITH INTERNATIONAL TRIBUNALS IN THE PERFORMANCE OF THEIR FUNCTIONS RELATING TO THE PROSECUTION AND PUNISHMENT OF INTERNATIONAL WAR CRIMES AND TO PROVIDE FOR RELATED MATTERS. [10th November, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: