International War Crimes Tribunals Act, 1998

• Jurisdiction: Ireland
• Citation: IR No. 40/1998

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
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:
PART I Preliminary
	Short title.	1.—This Act may be cited as the International War Crimes Tribunals Act, 1998.
	Interpretation.	2.—(1) In this Act, unless the context otherwise requires—
	“certified”, in relation to a copy of a warrant of arrest issued by an international tribunal, means certified to be a true copy by an officer of that tribunal authorised by it to certify on its behalf;
	“an international tribunal” means—
	(a) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827 (1993) of the Security Council of the United Nations, the text of which is set out, for convenience of reference, in the First Schedule ,
	(b) the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states between 1 January, 1994 and 31 December, 1994, established by Resolution 955 (1994) of the Security Council of the United Nations, the text of which is set out, for convenience of reference, in the Second Schedule , or
	(c) any other tribunal or court that the Minister, by regulation under section 37 , declares to be an international tribunal for the purposes of this Act,
	and includes any organ of a tribunal referred to in paragraph (a) or (b) or of a tribunal or court referred to in paragraph (c) if the organ is mentioned in the statute of that tribunal or court;
	“international tribunal crime” means a crime in respect of which an international tribunal has jurisdiction under its statute;
	“military tribunal” means a court martial or other military tribunal established under the law of the State, whether held within the State or elsewhere;
	“Minister” means the Minister for Justice, Equality and Law Reform;
	“property” has the same meaning in this Act as in the Proceeds of Crime Act, 1996 , and includes the proceeds of property;
	“provisional arrest warrant” means a warrant issued under section 11 (1);
	“remand institution” means an institution (other than a prison) within the meaning of the Criminal Justice Act, 1960 ;
	“surrender order” means an order made under section 18 (1) for the surrender of a person.
	(2) In this Act—
	(a) a reference to a section or Part is to a section or Part of this Act unless it is indicated that a reference to some other enactment is intended,
	(b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended,
	(c) a reference to a Schedule is to a Schedule to this Act unless it is indicated that a reference to some other enactment is intended,
	(d) a reference to an enactment is to that enactment as amended or adapted by or under any other enactment including this Act,
	(e) a reference to the statute of an international tribunal is to the statute of the United Nations establishing that tribunal, and
	(f) a reference to the rules of an international tribunal is to its rules of procedure and evidence.
	(3) For convenience of reference, the texts of the statutes of the international tribunals referred to in paragraphs (a) and (b) of the definition of “international tribunal” are set out in the Third and Fourth Schedules respectively.
	Application.	3.—This Act applies in relation to international tribunal crimes committed, or alleged to have been committed, before or after the commencement of this Act.
PART II Arrest and Surrender of Persons
	Construction of this Part.	4.—(1) Nothing in this Part shall be construed as requiring the High Court to be satisfied that there is sufficient evidence to warrant the trial of a person by an international tribunal.
	(2) For the purposes of this Part, no international tribunal crime may be regarded as a political offence or an offence connected with a political offence.
	(3) No application for asylum in the State shall have the effect of preventing or postponing the surrender of a person under this Act.
	Request for surrender.	5.—(1) An international tribunal may make a request to the Minister for the surrender of a person—
	(a) who has been accused or convicted by that tribunal of an international tribunal crime, and
	(b) in relation to whom that tribunal has issued a warrant of arrest for the purpose of bringing him or her before the tribunal or to a place where he or she is to undergo imprisonment under a sentence of the tribunal.
	(2) The request shall be in writing and shall—
	(a) include as accurate a description as possible of the person whose surrender is requested, together with any other information which will help to establish his or her identity,
	(b) include a statement of each international tribunal crime in relation to which the request is made specifying, as accurately as possible—
	(i) the time and place of commission,
	(ii) the legal description of the crime, and
	(iii) a reference to the relevant provisions of the statute of that tribunal, and
	(c) be supported by the original or a certified copy of a warrant of arrest that has been issued by that tribunal and that indicates the purpose of the arrest.
	(3) If the information furnished by the international tribunal is in the Minister's opinion insufficient, the Minister may—
	(a) request that tribunal to furnish further information or documents as he or she thinks proper, and
	(b) fix a time limit for the receipt of the information or documents.
	(4) A request or supporting document which otherwise complies with this section is sufficient for the purposes of this Part even though the Minister received the request or supporting document before the commencement of this Act.
	Conflicting surrender requests.	6.—If two or more requests for the surrender of the same person are received concurrently from international tribunals, the Minister shall decide which of the requests is to be proceeded with under this Part, having regard to all the circumstances and especially—
	(a) the relative seriousness of the international tribunal crimes, and
	(b) the respective dates of the requests.
	Request for extradition or rendition of same person.	7.—A request by an international tribunal for the surrender of a person shall have primacy over—
	(a) a request under Part II of the Extradition Acts, 1965 to 1994 for his or her extradition for an offence, and
	(b) the bringing of any proceedings under Part III of the Extradition...