Act 11
International Criminal Court Act
2010
(5) Where the High Court dismisses the appeal, the person shall be
discharged in accordance with the decision of the High Court.
38. Discharge of person not delivered up.
(1) If the person in respect of whom a delivery order has been made
is not delivered up under the order within sixty days after it was made,
an application may be made by that person or by someone duly
authorised by him or her for discharge.
(2) On an application made under this section, the court shall order
the person’s discharge, unless reasonable cause is shown for the delay.
39. Discharge of person no longer required to be surrendered.
Where the ICC informs the Minister that the person arrested upon the
request of the ICC is no longer required to be surrendered, the Minister
shall notify the Registrar of that fact and the Registrar shall on receipt of
the notification make an order for the discharge of the person.
40. Request for temporary surrender.
(1) Where a request for surrender by ICC relates to a crime under
the Statute but the person is subject to proceedings for a Uganda offence
which has not been finally disposed of or is liable to serve a sentence of
imprisonment imposed for a Uganda offence, the Minister may authorise
the temporary transfer of that person to the ICC.
(2) The Minister may, before making an authorisation under
subsection (1), seek an undertaking from the ICC that the person shall be
returned on completion of prosecution, acquittal or service of sentence
imposed by the ICC.
(3) Subsections (2),(3),(4) and (5) of section 54 shall apply to an
authorisation under subsection (1) with any necessary modifications.
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 ICC seeks
the person’s surrender, the Minister—
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