The Court may issue an arrest warrant where there are reasonable grounds to believe that a person has committed, is committing, or is responsible for an offence within the jurisdiction of the Court and where arrest is necessary to secure the person's appearance, prevent interference with justice, protect victims or witnesses, prevent the continuation of serious criminal conduct, or prevent flight from justice.
An arrest warrant shall identify the person concerned and shall state, where reasonably practicable: a. the person's identity; b. the alleged offences; c. the factual basis for the warrant; d. the legal basis for the Court's jurisdiction; and e. any conditions or limitations imposed by the Court.
Arrest warrants shall be issued or confirmed by an authorised judge or judicial chamber in accordance with the Rules of the Court.
The Court may issue an urgent provisional arrest order where delay would create a serious risk of flight, harm to a person, destruction of evidence, continuation of serious criminal conduct, or obstruction of justice, subject to subsequent judicial review.
The Court may request States Parties and other cooperating authorities to arrest and surrender a person subject to a lawful Court warrant.
States Parties shall, in accordance with Article 19 and their obligations under this Treaty, cooperate in locating, detaining, transferring, and holding persons subject to lawful Court warrants.
The Court may maintain and circulate lawful arrest warrants through secure international law-enforcement and judicial communication systems.
The Court may request the assistance of its Court Enforcement Officers, where established and lawfully available, in locating, arresting, transporting, securing, or transferring a person subject to a Court order.
Where Court Enforcement Officers operate within the territory of a State, they shall comply with the applicable cooperation arrangements and lawful requirements established under this Treaty.
A person arrested pursuant to a Court warrant shall be informed, as soon as reasonably practicable, of: a. the existence and basis of the warrant; b. the allegations against them; c. their right to legal representation; d. their right to challenge the lawfulness of their detention; and e. their other rights under this Treaty.
A person shall not be detained solely because of their nationality, religion, political opinion, ethnicity, sex, wealth, occupation, public office, or other protected status.
Detention before trial shall not be used as punishment.
A detained person shall be brought before the Court or an authorised judicial authority within a reasonable period for review of the lawfulness and necessity of detention.
The Court shall consider whether detention remains necessary and proportionate, taking into account: a. the seriousness of the alleged offence; b. the risk of flight; c. the risk of interference with witnesses or evidence; d. the risk of continued serious criminal conduct; e. the safety of victims, witnesses, Court personnel, or the public; and f. any other relevant circumstances.
Where detention is not necessary, the Court may order conditional or supervised release, including restrictions on travel, communication, contact with specified persons, or other appropriate conditions.
The Court may order continued detention where the requirements of this Article remain satisfied.
A person detained under a Court warrant shall be held in humane conditions and shall be treated with dignity and respect.
Detained persons shall have reasonable access to medical care, food, water, sanitation, communication with legal representatives, and other basic necessities.
The Court may designate or approve prisons, detention facilities, police facilities, or other secure locations within States Parties for persons detained pursuant to Court orders.
A person may participate in detention hearings, preliminary hearings, and other proceedings by secure video link where the Court considers remote participation appropriate.
The Court may permit necessary judicial proceedings to take place while a person remains physically detained in another State, subject to appropriate safeguards.
A person shall have the right to challenge the legality of their arrest or detention and to request judicial review.
If an arrest warrant is found to have been issued or executed unlawfully, the Court shall provide an appropriate remedy in accordance with this Treaty and the Rules of the Court.
The Court may issue international requests concerning the location and detention of a person who is outside the territory of States Parties where jurisdiction and applicable international law permit such action.
A person who deliberately assists another person in evading a lawful Court arrest warrant may be investigated and prosecuted where jurisdiction exists, including under Article 26.
No immunity arising solely from public office, political position, royal status, military rank, diplomatic position, wealth, or social status shall prevent the Court from issuing or enforcing a lawful arrest warrant where the requirements of this Treaty are satisfied.
Where a person is arrested in relation to conduct falling within the jurisdiction of both the Court and a State Party, the Court and the State shall cooperate to determine the appropriate arrangements for custody, prosecution, transfer, and enforcement.
The Court may issue warrants for the arrest of a person who refuses to attend proceedings where the Court has provided proper notice and reasonable opportunity to attend, and where the legal requirements for arrest are satisfied.
The Court may issue further orders concerning detention, transfer, release, security, or protection where necessary to give effect to a lawful judicial decision.
The Rules of the Court shall establish detailed procedures concerning arrest warrants, provisional arrest, international requests, surrender and transfer, detention conditions, judicial review, conditional release, and cooperation with States and Court Enforcement Officers.