Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Uganda’s ICC Act (2010) states:
27. Refusal of request for arrest and surrender.
(2) The Minister may refuse a request for arrest and surrender of a person, at any time before the surrender of the person only if-
(a) there is a competing request for extradition from one or more States not party to the Statute for the person for the same conduct which forms the basis of the crime for which the ICC seeks the person’s surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 41; or
(b) there is a competing request from one or more States not party to the Statute for the extradition of the person for different conduct from that which constitutes the crime for which the ICC requests the person’s surrender and a decision to extradite is made in accordance with article 90 of the Statute and section 41.
41. Competing requests.
(1) Where a request for surrender of a person is received from the ICC and one or more states also request the extradition of the person for the same conduct that forms the basis of the crime for which [the] ICC seeks a person’s surrender, the Minister-
(a) shall notify the ICC and the requesting state of that fact; and
(b) shall determine whether the person is to be surrendered to the ICC or to the requesting state.
Uganda’s ICC Act (2010) states:
21. Making of requests.
(1) Subject to subsection (2), a request [by the ICC] for assistance shall be made in writing, directly to the Minister.
(2) A request for provisional arrest (article 92) or for other forms of co-operation (article 93) or an urgent request for arrest and surrender (article 89) may be made using any medium capable of delivering a written record including facsimile or electronic mail.
The Minister shall consult with the ICC, without delay, if, for any reason there is or may be a problem with the execution of a request for assistance.
24. Response to be sent to ICC.
(1) The Minister shall notify the ICC, without delay, of his or her response to a request for assistance and of the outcome of any action that has been taken in relation to it.
(2) If the Minister decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notification to the ICC shall set out the reasons for the decision.
(3) If the request for assistance cannot be executed for any other reason, the notification to the ICC shall set out the reasons for the inability or failure to execute the request.
67. Uganda may act as State of enforcement
(1) The minister may notify the ICC that Uganda is willing to allow persons who are ICC prisoners as a result of being sentenced to imprisonment by the ICC to serve these sentences in Uganda, subject to any conditions consistent with the State and Rules, specified in the notification.
101. Legal personality and privileges and immunities.
(1) The ICC shall have legal personality in Uganda with such legal capacity as may be necessary for the performance of its functions and the fulfilment of its purposes.