Procedure for the detention and temporary arrest of a person for the purpose of his transfer to the International Criminal Court

Abstract

The article examines the features, procedure and stages of the transfer of a person to the International Criminal Court provided for by the Criminal Procedure Code of Ukraine and the Rome Statute of the International Criminal Court.
It is argued that one of the most complex forms of cooperation between Ukraine and the International Criminal Court is the transfer of a person, which consists of separate and sequential stages, each of which has its own characteristics.
The statement is substantiated that the detention of a person and temporary arrest are the first and second stages of the transfer of a person to the International Criminal Court. On the basis that a person is wanted by the International Criminal Court or on the basis of a request for temporary arrest or for arrest and transfer, the competent authorities of Ukraine detain such a person. After detention, at the request of the International Criminal Court for temporary arrest, a preventive measure in the form of detention (temporary arrest) for up to sixty days is applied to the person.
The thesis is proved that the detention of persons wanted by the International Criminal Court or for whom a request for provisional arrest or arrest and surrender has been received has a number of specific features, which are determined both by the requirements of national criminal procedural legislation and by Ukraine’s obligations under the Rome Statute of the International Criminal Court.
Attention is drawn to the fact that the procedure for executing a request by the International Criminal Court for provisional arrest and applying a preventive measure in the form of detention to a person involves a certain sequence of actions.