Questions and Answers:

Issuance of a warrant of arrest or summons by the ICC

Q: What is an arrest warrant? A: An arrest warrant is an order issued by a public officer who authorizes the arrest and detention of an individual. In the case of the International Criminal Court (ICC or the Court), the Pre-Trial Chamber (PTC) will issue such an arrest warrant, upon an application by the Prosecutor. Q: What is the purpose of an arrest warrant? A: According to Article 58.1b of the Rome Statute, the founding treaty of the ICC, the purpose of an arrest warrant is to ensure that: The person appears at the trial; The person does not endanger or obstruct the investigation or the court proceedings; and, When necessary, to prevent the person from continuing with the alleged or related crime. Q: Is an arrest warrant the same as an indictment? A: No, an indictment (mostly used in common law countries) is a formal charge (or accusation) against an individual for having allegedly committed a serious criminal offense. An arrest warrant is not a charging document, but merely seeks to ensure the presence of a person at the proceedings. As opposed to the ICTY and ICTR, which use the indictment procedure, the ICC requires the PTC to confirm charges against the accused before formally charging him or her. Q: When and how does the Prosecutor apply for an arrest warrant? A: According to Article 58.2 of the Rome Statute, once the Prosecutor has initiated an investigation, he may make an application to the PTC for an arrest warrant at any time thereafter. The application must contain the following: The persons name and identifying information; A specific reference to the alleged crimes and a concise statement of the facts thereof; A summary of evidence and information establishing the reasonable grounds for a warrant; and The reasons why the Prosecutor believes an arrest is necessary. Q: When and how is an arrest warrant issued by the Court? A: Following receipt of the Prosecutors application, the PTC will evaluate the materials presented by the Prosecutor and issue an arrest warrant when the PTC feels that: There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and The persons arrest is necessary for purposes of investigations, court proceedings, trial and to prevent continued commission of the crime. According to Article 58.3 of the Rome Statute, the arrest warrant must contain the following information: The persons name and identifying information; A specific reference to the crime for which the persons arrest is sought and a concise statement of the facts thereof. Q: What does it mean when an arrest warrant is sealed by the Court? A: A sealed decision is only accessible to persons authorized by the Court. In the first Uganda case, the PTC II decided for purposes of victim and witness protection, to completely seal the arrest warrants, including the application for the arrest warrants, the warrants themselves, and the request for cooperation. Upon ensuring that victims and witnesses were adequately protected, the Prosecutor applied for the unsealing of the warrants and the transmission of the request for cooperation, in an effort to garner international attention and support for the arrests. In the DRC case against Thomas Lubanga Dyilo, the arrest warrants were also issued under seal, while the request for cooperation was transmitted to the government of the DRC. It was only upon the arrest of the accused that the Prosecutor applied to unseal the warrant.

Q: How long does it take for the Judges to issue an arrest warrant upon the request of the Prosecutor? This depends on the circumstances of each specific case. For example, in the first Uganda case, the applications were made on 6 May 2005, and the PTC issued the five warrants under seal on 8 July. In the first DRC case, the prosecutor made his application on 1 January 2006, and the PTC issued the arrest warrant under seal on 2 February, requesting further justification from the Prosecutor that there were reasonable grounds to suspect the accused, and require his arrest. What language is the arrest warrant and request for cooperation made in? A: The warrant is made in English and French, which are the working languages of the Court. To date, the arrest warrants have also been translated into the primary language of those subject to the warrants. The request for cooperation is made in either the languages of the Court, or if otherwise indicated at the time of accession, the official language of the requested state. All supporting documents, including the warrant, must be translated into the same language. (For more information, see Rome Statute, Article 87.2)

Q: Which organ of the Court will transmit an arrest warrant or a request for cooperation? A: When an arrest warrant has been issued, the Court may request a State Party to make a provisional or full arrest or surrender. This is known as the Request for Cooperation. The registrar is responsible for communicating this request to a State party or parties authorized by the Court. The registrar is also responsible for receiving all responses to the request from the State Party or the other authorized parties. (For more information, see Rome Statute, Articles 87 and 89.) In some cases, the ICC Prosecutor may bear the primary responsibility for transmitting the request for cooperation and the warrant of arrest, as well as receiving responses to the request. (For more information, see Rules of Procedure and Evidence, Rule 176.) Q: What happens after an arrest warrant and a request for arrest has been issued? A: The Court does not have its own police force. When an arrest warrant has been issued by the PTC, the Court relies on the cooperation of States and international organizations to arrest the person and bring him or her to The Hague. The Court may decide on its own, or following a request by the Prosecutor, to take whatever measures necessary to ensure the protection of victims and witnesses, including the redaction of documents, which was carried out for the casein Uganda. (For more information, see Rome Statute, Article 87.) State Parties are to comply immediately with the request by the ICC to arrest and surrender accused persons in their territories. The Court must assist States in locating the accused, including the provision of information for identification, and other necessary documents required by the national legislation of that country. A State Party receiving a request for cooperation has to keep the request confidential. Any information about the request may only be disclosed if necessary for the execution of the request. (For more information, see Rome Statute, Article 87.) Q: What happens following an arrest? A: Once a person has been arrested and the Court has been informed, the person must receive a copy of the arrest warrant in a language that the person fully understands and speaks. The person must be brought before a court in the State of custody, which must then determine based on its national laws that the right person has been lawfully arrested, and that the persons rights have been respected. The person will then be transferred to the Court for a confirmation of charges hearing. (For more information, see Rome Statute, Article 59.2 and Article 60.) Q: What happens when a person is provisionally arrested? A: According to Article 92 of the Rome Statute, in urgent cases the Court may request a State Party to arrest a person on a provisional basis pending the presentation of the required documents. According to Rule 188 of the Rules of Procedure, the Court must then send the request and all supporting documents to the custodial State within 60 days. Q: What is a summons? A: The Prosecutor may, as an alternative to an arrest warrant, apply for a summons for a person to appear. The PTC will issue a summons if there are reasonable grounds to believe that the person has committed the

alleged crimes, and that the summons is sufficient to ensure appearance before the Court. Restrictions on liberty (other than detention) may be imposed, depending on the national law of the State. Q: What shall be contained in a summons: According to Article 58 of the Rome Statute, a summons shall contain the following: The persons name and identifying information; The specified date on which the person is to appear; A specific reference to the crimes which the person is alleged to have committed; and A short statement of the facts, which are alleged to constitute those crimes.