International War Crimes Tribunals Act 1998

PART I Preliminary

1 Short title.

1.—This Act may be cited as the International War Crimes Tribunals Act, 1998.

2 Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“certified”, in relation to a copy of a warrant of arrest issued by an international tribunal, means certified to be a true copy by an officer of that tribunal authorised by it to certify on its behalf;

“an international tribunal” means—

(a) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827 (1993) of the Security Council of the United Nations, the text of which is set out, for convenience of reference, in the First Schedule,

(b) the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states between 1 January, 1994 and 31 December, 1994, established by Resolution 955 (1994) of the Security Council of the United Nations, the text of which is set out, for convenience of reference, in the Second Schedule, or

(c) any other tribunal or court that the Minister, by regulation under section 37, declares to be an international tribunal for the purposes of this Act,

and includes any organ of a tribunal referred to in paragraph (a) or (b) or of a tribunal or court referred to in paragraph (c) if the organ is mentioned in the statute of that tribunal or court;

“international tribunal crime” means a crime in respect of which an international tribunal has jurisdiction under its statute;

“military tribunal” means a court martial or other military tribunal established under the law of the State, whether held within the State or elsewhere;

“Minister” means the Minister for Justice, Equality and Law Reform;

“property” has the same meaning in this Act as in the Proceeds of Crime Act, 1996, and includes the proceeds of property;

“provisional arrest warrant” means a warrant issued under section 11 (1);

“remand institution” means an institution (other than a prison) within the meaning of the Criminal Justice Act, 1960;

“surrender order” means an order made under section 18 (1) for the surrender of a person.

(2) In this Act—

(a) a reference to a section or Part is to a section or Part of this Act unless it is indicated that a reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended,

(c) a reference to a Schedule is to a Schedule to this Act unless it is indicated that a reference to some other enactment is intended,

(d) a reference to an enactment is to that enactment as amended or adapted by or under any other enactment including this Act,

(e) a reference to the statute of an international tribunal is to the statute of the United Nations establishing that tribunal, and

(f) a reference to the rules of an international tribunal is to its rules of procedure and evidence.

(3) For convenience of reference, the texts of the statutes of the international tribunals referred to in paragraphs (a) and (b) of the definition of “international tribunal” are set out in the Third and Fourth Schedules respectively.

3 Application.

3.—This Act applies in relation to international tribunal crimes committed, or alleged to have been committed, before or after the commencement of this Act.

PART II Arrest and Surrender of Persons

4 Construction of this Part.

4.—(1) Nothing in this Part shall be construed as requiring the High Court to be satisfied that there is sufficient evidence to warrant the trial of a person by an international tribunal.

(2) For the purposes of this Part, no international tribunal crime may be regarded as a political offence or an offence connected with a political offence.

(3) No application for asylum in the State shall have the effect of preventing or postponing the surrender of a person under this Act.

5 Request for surrender.

5.—(1) An international tribunal may make a request to the Minister for the surrender of a person—

(a) who has been accused or convicted by that tribunal of an international tribunal crime, and

(b) in relation to whom that tribunal has issued a warrant of arrest for the purpose of bringing him or her before the tribunal or to a place where he or she is to undergo imprisonment under a sentence of the tribunal.

(2) The request shall be in writing and shall—

(a) include as accurate a description as possible of the person whose surrender is requested, together with any other information which will help to establish his or her identity,

(b) include a statement of each international tribunal crime in relation to which the request is made specifying, as accurately as possible—

(i) the time and place of commission,

(ii) the legal description of the crime, and

(iii) a reference to the relevant provisions of the statute of that tribunal, and

(c) be supported by the original or a certified copy of a warrant of arrest that has been issued by that tribunal and that indicates the purpose of the arrest.

(3) If the information furnished by the international tribunal is in the Minister's opinion insufficient, the Minister may—

(a) request that tribunal to furnish further information or documents as he or she thinks proper, and

(b) fix a time limit for the receipt of the information or documents.

(4) A request or supporting document which otherwise complies with this section is sufficient for the purposes of this Part even though the Minister received the request or supporting document before the commencement of this Act.

6 Conflicting surrender requests.

6.—If two or more requests for the surrender of the same person are received concurrently from international tribunals, the Minister shall decide which of the requests is to be proceeded with under this Part, having regard to all the circumstances and especially—

(a) the relative seriousness of the international tribunal crimes, and

(b) the respective dates of the requests.

7 Request for extradition or rendition of same person.

7.—A request by an international tribunal for the surrender of a person shall have primacy over—

(a) a request under Part II of the Extradition Acts, 1965 to 1994 for his or her extradition for an offence, and

(b) the bringing of any proceedings under Part III of the Extradition Acts, 1965 to 1994, for his or her arrest or delivery up for an offence,

whether or not the conduct constituting the offence constitutes and international tribunal crime.

8 Certification of surrender request.

8.—On receiving a request made in accordance with section 5 for the surrender of a person, the Minister shall, subject to the provisions of this Part, certify that the request has been made.

9 Issue of arrest warrant.

9.—On production to the High Court of a certificate under section 8 stating that a request for the surrender of a person has been made, the Court shall issue a warrant for the person's arrest, unless the certificate is produced in respect of a person arrested under a provisional arrest warrant.

10 Request for provisional arrest.

10.—(1) An international tribunal may make a request for the provisional arrest, on grounds of urgency, of a person who—

(a) is accused by it of having committed an international tribunal crime,

(b) has been convicted by it of such a crime, or

(c) is suspected by it of having committed such a crime.

(2) The request shall be in writing and shall include—

(a) as accurate a description as possible of the person who is the subject of the request, together with any other information which will help to establish his or her identity, and

(b) a statement of each international tribunal crime in relation to which the request is made, specifying, as accurately as possible, the time and place of the commission of the crime.

(3) Where the Minister subsequently receives from an international tribunal that has made a request under this section the original or a certified copy of a warrant of arrest indicating—

(a) that the person who is the subject of the request under this section has been accused or convicted by that tribunal of an international tribunal crime, and

(b) the purpose of the arrest,

the request under this section shall be treated for the purposes of this Part as though it were a request for that person's surrender.

(4) Subsection (3) shall apply even though the person was accused or convicted of the international tribunal crime after the making of the request under this section.

(5) A request treated by virtue of subsection (3) as a request for the surrender of a person shall not be certified under section 8 until the Minister receives from the international tribunal—

(a) the information referred to in section 5(2)(b)(ii) and (iii), and

(b) any information or documents requested under section 5(3) in relation to that person.

11 Provisional arrest warrant.

11.—(1) The High Court may, without a certificate of the Minister under section 8, issue a warrant for the provisional arrest of any person on the sworn information of a member of the Garda Síochána, not below the rank of inspector, that he or she has reason to believe that—

(a) an international tribunal has made a request for the person's provisional arrest on the grounds of urgency,

(b) the person—

(i) is accused by that tribunal of having committed an international tribunal crime,

(ii) has been convicted by that tribunal of such a crime, or

(iii) is suspected by that tribunal of having committed such a crime,

and

(c) the arrest is for the purpose of detaining the person pending the Minister receiving from that tribunal a warrant for the person's arrest.

(2) On issuing a provisional arrest warrant, the High Court shall forthwith inform the Minister of its issue.

(3) Where it appears to the Minister that a warrant of arrest will not be received from the international tribunal in respect of the person named in the provisional arrest warrant or that proceedings will not be commenced against that person by that tribunal, the Minister may, by order—

(a) cancel the provisional arrest warrant, and

(b) if the warrant has been executed and the person arrested under it is in custody, require that he or she be released.

(4) A provisional arrest warrant may be issued under subsection (1) in respect of a person despite the previous issue or refusal of a warrant for his or her arrest.

12 Execution of warrants.

12.—(1) Any member of the Garda Síochána may execute in any part of the State a warrant issued under section 9 or 11(1) even though the warrant is not in the member's possession at the time.

(2) A member of the Garda Síochána who executes a warrant issued under section 9 or 11(1) shall—

(a) at the time of the arrest, or

(b) if the warrant is not then in the member's possession, within 24 hours after the arrest,

show the warrant to the person arrested and give him or her a copy.

(3) A person arrested under a warrant issued under section 9 or 11(1) shall be brought as soon as may be before the High Court, unless, in the case of a warrant issued under section 11(1), the warrant is cancelled under section 11(3)

13 Court proceedings following provisional arrest.

13.—(1) Where a person arrested under a provisional arrest warrant is brought before the High Court, it shall—

(a) if a certificate under section 8 in respect of the person is produced to the Court, proceed under section 14 as if that person had been arrested under a warrant issued under section 9, and

(b) if that certificate is not produced to the Court, remand that person pending the production of the certificate or the release of that person in accordance with subsection (2) of this section or with an order under section 11(3)(b).

(2) Where a certificate under section 8 is not produced to the High Court within the period of 18 days after the date of the arrest, the person arrested under the provisional arrest warrant shall, if in custody, be released.

14 Committal or release of arrested person.

14.—(1) Where a person who has been arrested under a warrant issued under section 9 or who has been remanded under section 13(1)(b) is before the High Court and it is satisfied that—

(a) that person has been accused or convicted of an international tribunal crime,

(b) a request for the surrender of that person has been duly made, and

(c) a warrant that complies with section 5(2)(c) or 10(3) and relates to that person has been produced,

the High Court shall, subject to subsection (2), make an order committing that person to a prison (or, if he or she is not more than 21 years of age, to a remand institution) there to await the order of the Minister for his or her surrender.

(2) If satisfied that the surrender of a person is prohibited under section 26, the High Court shall not make a committal order in respect of that person.

(3) On making a committal order under subsection (1), the High Court shall—

(a) inform the person to whom the order relates that he or she will not be surrendered, except with his or her consent, until the expiry of 15 days after the committal date,

(b) inform that person also of the provisions of Article 40.4.2 of the Constitution (which relates to the making of a complaint to the High Court by or on behalf of a person alleging that he or she is unlawfully detained), and

(c) cause a certificate of the committal to be sent forthwith to the Minister.

(4) Where the person referred to in subsection (1) is not committed under that subsection, the Court shall order that he or she be released.

(5) No appeal shall lie against an order of the High Court under this section other than an appeal on a point of law to the Supreme Court.

(6) Sections 10 and 11 of the Criminal Justice Act, 1960, shall apply to a person committed to a remand institution under this section.

15 Powers of adjournment and remand.

15.—The High Court may, in relation to a person brought before it under this Act, exercise all of its powers of adjournment and remand, including, but not limited to, the powers the Court has in relation to a person sent forward to it for trial.

16 Evidence and presumptions.

16.—(1) In any proceedings under this Act, a document purporting—

(a) to be a request by an international tribunal for the surrender of a person or for the provisional arrest of a person, or

(b) to have been furnished by an international tribunal in support of either request,

shall, without further proof, be received in evidence if it purports to be signed by an officer of that tribunal authorised by its statute or rules to sign that document.

(2) In any proceedings under this Act, a document purporting—

(a) to be a copy of a warrant of arrest issued by an international tribunal, and

(b) to have been certified to be a true copy by an officer of that tribunal authorised by it to certify on its behalf,

shall, without further proof, be received in evidence and shall, until the contrary is proved, be deemed to be a true copy of that warrant.

(3) In any proceedings under this Act, it shall be presumed, unless the contrary is proved, that a request for the surrender of a person has been duly made and duly received where—

(a) the person has been arrested under a warrant issued under section 9, or

(b) the person has been arrested under a provisional arrest warrant and a certificate under section 8 has been produced to the High Court stating that a request for the surrender of the person has been duly made.

(4) In any proceedings under this Act, it shall be presumed, unless the contrary is proved, that where a member of the Garda Síochána not below the rank of inspector has sworn an information described in section 11(1) in respect of a person, a request for the person's provisional arrest has been duly made and duly received.

(5) In any proceedings under this Act, it shall be presumed, unless the contrary is proved, that where a certificate of the Minister has been produced to the High Court stating that an international tribunal has satisfied the Minister as to the matters specified in subparagraphs (i) and (ii) of section 26(2)(b) in relation to a person who is named in the certificate and on whom final judgment was passed in another state, that the Minister has been so satisfied.

17 Removal to hospital or other place.

17.—(1) The Minister may, by order, cause a person committed under section 14 to be removed to a hospital or other place if the Minister thinks it necessary so to do in the interests of that person's health.

(2) A person removed under this section to a hospital or other place shall be in lawful custody while detained there.

18 Surrender order.

18.—(1) Subject to subsection (4) and section 19, the Minister may, by order, direct that a person who has been committed under section 14 and who has not been released—

(a) by a decision of the High Court under Article 40.4.2 of the Constitution or following an appeal from such a decision,

(b) as a consequence of an appeal on a point of law to the Supreme Court, or

(c) as a consequence of an order under section 21 or 22,

be surrendered to the custody of an authorised person.

(2) A person in respect of whom a surrender order is made shall be surrendered in accordance with the terms of the order and any authorised person may receive, hold in custody, and convey out of the State the person so surrendered.