Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section E. Cooperation with international criminal tribunals
In 1994, in its comments on the report of the Working Group on a draft statute for an international criminal court, Belarus stated with regard to the provision on surrender of an accused person to the international tribunal (draft Article 63, now Article 89, of the 1998 ICC Statute):
In any case, the rule regarding priority should be applied unconditionally in cases involving the surrender of persons accused of crimes within the sphere of exclusive jurisdiction of the court.
It would be desirable to resolve in article 63 the question of the failure to surrender an accused person to the court, in violation of the provisions of the statute. In such situations, the court should be granted the right to request the United Nations Security Council to obtain the surrender of the accused person.