Is there an extradition process for the Intl. Criminal Court? [new title]

[Grey]

In this thread Tony Blair is potentially up for being tried by the ICC.

At this point the mods are itching to move this to GD, but hold on.

I’d like to know, who arrests Tony Blair, should his case be brought to the ICC if they determine the UK courts have not performed a reasonable trial? i.e

Although the ICC is designed to complement existing national judicial systems, the Court can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute such crimes. Therefore, the Court also serves as a catalyst to States’ investigating and prosecuting such crimes committed either within their territories or by their nationals.

What is the mechanism to bring the accused to trial in the event that the ICC exercises it jurisdiction over the local court system.

I’d like to avoid a debate on the merits of the court and focus on the extradition mechanism.

[Grey]

No one? I was hoping some of the European dopers would know.

[Schnitte]

From the tribunal’s official website:

The Chief Prosecutor [elected by the Assembly of States Parties] may start an investigation upon referral of situations in which there is a reasonable basis to believe that crimes have been or are being committed. Such referrals must be made by a State Party or the Security Council of the United Nations, acting to address a threat to international peace and security. In accordance with the Statute and the Rules of Procedure and Evidence, the Chief Prosecutor has to evaluate the material submitted to him before making the decision on whether to proceed.

In addition to State Party and Security Council referrals, the Chief Prosecutor may also receive information on crimes within the jurisdiction of the Court provided by other sources, such as individuals or non-governmental organisations. The Chief Prosecutor will conduct a preliminary examination of this information in every case. If the Chief Prosecutor then decides that there is a reasonable basis to proceed with an investigation, he will request the Pre-Trial Chamber to authorise an investigation.

As a consequence of its mandate, the Office comprises both Investigation and Prosecution Divisions. The former is mainly responsible for preliminary examinations and the conduct of investigations (such as collecting and examining evidence, questioning persons being investigated as well as victims and witnesses). In this respect, the Statute requires the Office to extend the investigation to cover both incriminating and exonerating facts, recognising the responsibility to strive to establish the truth in every case. The Prosecution Division has a role in the investigative process, but will have principal responsibility for the litigation of cases before the various Chambers of the Court.

[Fretful_Porpentine]

*Originally posted by Grey *
**No one? I was hoping some of the European dopers would know. **

Well, maybe you need a slightly clearer thread title. My first reaction was, “Well, I got there on the train…”

[Grey]

I suppose so. Mind you when I use descriptive titles no one shows up, when I use interesting (hopefully) titles no one shows up. On the upside I can spell Hague now without blinking.

** Schnitte**, I understand the judicial role the ICC intends to play. However as I understand it, the ICC can not immediately prosecute until it believes that the local judicial system is unwilling or unable to investigate or prosecute a crimes.

My question is, should the national court system not proceed with the case, and the ICC wish to prosecute what mechanism does the ICC have to extradite the accused?

[xash]

Title changed at the request of the OP.

-xash
General Questions Moderator

[Grey]

Thanks xash.