The International Crimes Act, 2008
request, the postponement may be for a reasonable time
and may, if the Minister considers it desirable, be
extended from time to time.
(4) A decision by the Minister to postpone the
execution of a request—
(a) does not limit or affect—
(i) the High Court’s ability to accept notification
of consent to the surrender;
(ii) the ability to continue to detain a person under
any warrant issued under this Part; and
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(b) does not affect the validity of any act that has
been done or any warrant or order made under
this Part before the decision was made.
(5) If no decision on the execution of the request for
surrender is made within six months after the date of the
Minister’s decision to postpone the execution of the
request, the person may apply to a Judge of the High
Court to be discharged.
(6) If an application to be discharged is made under
subsection (5), the Judge may, on proof that reasonable
notice of the intention to make the application has been
given to the Minister, unless sufficient cause is shown
against the discharge—
(a) discharge any order made under this Act; and
(b) order the discharge of the person from the place
where the person is detained, if the person is not
liable to be detained under any other order for
detention.
Previous
proceedings
against person
sought.
(Cf. Rome Statute,
articles 20 (1), 20
(3), 89 (2).)
53. (1) Where the person whose surrender is sought
alleges that—
(a) the case is one to which paragraph 1 of article 20
of the Rome Statute applies (because it relates to
conduct that formed the basis of crimes for which
the person has been convicted or acquitted by the
ICC); or
(b) the person has been tried by another court for
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