Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Belgium’s Law of War Manual (1983) states:
The States Signatory to the [1949 Geneva] Conventions have engaged to take a series of measures in order to promote their respect. These measures can be summarized as follows:
3) search for, identification and prosecution before the own courts of the authors of grave breaches, whatever their nationality may be, or extradition of these authors to the State which requests for it, within the limits of the legislation in force.
Belgium’s Law on Cooperation with the International Criminal Court and the International Criminal Tribunals (2004), as amended, provides:
Within the limits set out in Article 108 of the Statute [of the International Criminal Court], Belgium may, pursuant to its legislation, extradite or surrender in any other way a convicted person serving his sentence to the State requesting his extradition or surrender, or to the international tribunal which requested his surrender for the purpose of trial or execution of sentence.