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TA-Titelei 1..4 Reemers Publishing Services GmbH O:/Beck/Triffterer/3d/Part 05 (53-61).3d from 27.10.2015 10:47:51 3B2 9.1.580; Page size: 160.00mm  240.00mm Article 58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear 1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that: (a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and (b) The arrest of the person appears necessary: (i) To ensure the person’s appearance at trial, (ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or (iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances. 2. The application of the Prosecutor shall contain: (a) The name of the person and any other relevant identifying information; (b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; (c) A concise statement of the facts which are alleged to constitute those crimes; (d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and (e) The reason why the Prosecutor believes that the arrest of the person is necessary. 3. The warrant of arrest shall contain: (a) The name of the person and any other relevant identifying information; (b) A specific reference to the crimes within the jurisdiction of the Court for which the person’s arrest is sought; and (c) A concise statement of the facts which are alleged to constitute those crimes. 4. The warrant of arrest shall remain in effect until otherwise ordered by the Court. 5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9. 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. Christopher K. Hall†/Cedric Ryngaert 1437 Reemers Publishing Services GmbH O:/Beck/Triffterer/3d/Part 05 (53-61).3d from 27.10.2015 10:47:51 3B2 9.1.580; Page size: 160.00mm  240.00mm Article 58 Part 5. Investigation and Prosecution Literature: Ainley, K., ‘The International Criminal Court on Trial’, (2011) 24 CambridgeRevIAff 309; Akande, D., ‘The Effect of Security Council Resolutions and Domestic Proceedings on State Obligations to cooperate with the ICC’, (2012) 10 JICJ 299; Amnesty International, Fair Trials Manual (1998, AI Index: POL 30/02/98); Blakesley, C.L., ‘Commentary on Parts 5 & 6’, in: Sadat/A.I.D.P. (ed.), Observations on the Consolidated ICC Text Before the Final Session of the Preparatory Committee,13bis, (1998) NEP 69; Blakesley, C.L., ‘Comparing the Ad Hoc Tribunal for Crimes Against Humanitarian Law in the Former Yugoslavia & the Project for an International Criminal Court, prepared by the International Law Commission’, (1996) 67 RIDP 139; Blommestijn, M. And Ryngaert, C., ‘Exploring the Obligations for States to Act upon the ICC’s Arrest Warrant for Omar Al-Bashir. A Legal Conflict between the Duty to Arrest and the Customary Status of Head of State Immunity’, (2010) 5 ZIS 428; Bullock, S., ‘Prosecuting President Al Bashir, and the Short Arm of Justice’, (2013) 25 DenningLJ 197; Burke- White, W.W, ‘Bargaining for Arrests at the International Criminal Court: A Response to Roper and Barria’, (2008) 21 LeidenJIL 477; id., ‘Proactive complementarity: the International Criminal Court and National Courts in the Rome System of International Justice’, (2008) 49 HarvILJ 53; Courtney, J. And Kaoutzanis, C., ‘Proactive Gatekeepers: The Jurisprudence of the ICC’s Pre-Trial Chambers’, From the Selected Works of Christodoulos Kaoutzanis (2014); Danner, A. M., ‘Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court’, (2003) 97 AJIL 510; El Zeidy, M.M., ‘Some Remarks on the Question of the Admissibility of a Case during Arrest Warrant Proceedings before the International Criminal Court’, (2006) 19 LeidenJIL 741; Fourmy, O., ‘Powers of the Pre-Trial Chambers’, in: A. Cassese et al. (eds.), The Rome Statute of the International Criminal Court: A Commentary, Vol. II (2002); Friman, H. and Ferna´ndez de Gurmendi, S.A., ‘The Rules of Procedure and Evidence of the International Criminal Court’, (2000) 3 IHumRtsYb 289; Friman, H., Rights of Persons Suspected or Accused of a Crime, in: R. Lee (ed.), The International Criminal Court: The Making of the Rome Statute – Issues- Negotiations – Results (1999) 247; Fro¨lich, R., ‘Current Developments at the International Criminal Court’, (2011) 9 JICJ 931; Gosnell, C., ‘The Request for an Arrest Warrant in Al Bashir: Idealistic Posturing or Calculated Plan’, (2008) 6 JICJ 841; Guariglia, F., ‘Investigations and Prosecutions’, in: R.S. Lee (ed.), The International Criminal Court: The Making of the Rome Statute – Issues- Negotiations – Results (1999) 227; Hansen, T.O., ‘A Critical Review of the ICC’s Recent Practice Concerning Admissibility Challenges and Complementarity’, (2012) 13 MelbourneJIL 217; Hendrickx, M.M.L.A., ‘An Operational Blueprint for Arresting War Criminals; a Low Risk and a High Risk Scenario’, in: W.A. M. van Dijk and Hovens (eds.), Arresting War Criminals (Wolf Publishers 2001); Knoops, G.-J.A., An Introduction to the Law of International Tribunals: A Comparative Study (2003) 101; Leurdijk, D.A., ‘The Establishment of an International Arresting Team: Fiction, Reality or Both?’, in: W.A. M. van Dijk and Hovens (eds.), Arresting War Criminals (Nijmegen, Wolf Publishers 2001); Liolos, J.L., ‘Justice for Tyrants: International Criminal Court Warrants for Gaddafi Regime Crimes’, (2012) 35 BCI&CompLRev 289; Marchesiello, M., ‘Proceedings before the Pre-Trial Chamber’, in: A. Cassese et al., The Rome Statute of the International Criminal Court: A Commentary, II (2002) 1231; Nerlich, V., ‘The International Criminal Court 2001–2010 – A View from the Inside’, (2011) 22 CLF 199; Paulussen, C., Male Captus Bene Detentus. Surrendering Suspects to the International Criminal Court (Intersentia 2010); Peskin, V., International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation (Cambridge University Press 2008); Rastan, R., ‘Testing Co-Operation: the International Criminal Court and National Authorities’, (2008) 21 LeidenJIL 431; Rojo, E.C., ‘Standard of Proof Required to Issue an Arrest Warrant for Genocide’, (2010) Merkourious – Criminal Justice and Human Rights Case Note, 27, 61; Roper, S.D. And Barria, L.A., ‘State Co-operation and International Criminal Court Bargaining Influence in the Arrest and the Surrender of Suspects’, (2008) 21 LeidenJIL 457; Ryngaert, C., ‘The International Prosecutor: Arrest and Detention’, in: Reydams, L. et al. (eds.), The International Prosecutor from Nuremberg to the Hague (Oxford University Press 2012) 647; Safferling, C., Towards an International Criminal Procedure (2001) 54; Scharf, M.P., ‘The Prosecutor v. Slavko Dokmanovic´’, (1998) 11 LeidenJIL 376; Sheffield, K., ‘Speak Softly and Carry a Sealed Warrant: Building the International Criminal Court’s Legitimacy in the Wake of Sudan’, (2013) 18 Appeal 163; Sluiter, G., ‘The Surrender of War Criminals to the International Criminal Court’, (2003) 25 LoyLAI & CompLRev 605; Smeulers, A.L., in: A. Klip and Sluiter (eds.), Annotated Leading Cases of International Criminal, Vol. XI (Intersentia 2005) 109; Stahn, C., ‘How is the Water? Light and Shadow in the First Years of the ICC’, (2011) 22 CLF 175; Swart, B., ‘Arrest and Surrender’ (Chapter 41), in: Cassese, A. et al. (eds.), The Rome Statute of the International Criminal Court: A Commentary (Oxford University Press 2002); id., ‘Arrest Proceedings in the Custodial State’ (Chapter 30.3), in: Cassese, A. et al. (eds.), The Rome Statute of the International Criminal Court: A Commentary (Oxford University Press 2002); Usˇacka, U., ‘Promises Fulfilled? Some Reflections on the International Criminal Court in its First Decade’, (2011) 22 CLF 473; Van Schaack, B., ‘ICC Fugitives: The Need for Bespoke Solutions, Santa Clara University School of Law’, (2014) Legal Studies Research Series, Paper. No. 06-14; Wald, P.M., ‘Apprehending War Criminals: Does International Cooperation Work?’, (2012) 27 AmUILRev 229; Zhou, H.R. ‘The Enforcement of Arrest Warrants by International Forces’, (2006) 4 JICJ 202. Content A. Introduction/General remarks ...................................................... 1 B.
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