The arrest and surrender of persons to the ICC by the United Kingdom

Journal article

The apparent failure of cooperation between Italy and the International Criminal Court (ICC) in respect of the arrest and surrender by Italy of Osama Elmasry Njeem (Njeem) has likely left State agents across ICC States parties wondering as to the proper procedure for the arrest and surrender of persons to the ICC and their role in it. Against the backdrop of the Njeem case, this article reflects on the procedures for the arrest and surrender of persons to the ICC in the domestic law of the United Kingdom. Rather than provide a comprehensive account of the relevant provisions of the International Criminal Court Act 2001, and leaving aside the question of the effect of any immunities owed States not party to the Rome Statute, the article considers the extent of the discretion made available to the Secretary of State, the appropriate judicial officer, and the competent court, respectively, under key provisions of the Act. Scrutiny of these provisions suggests that, in cases such as Njeem, the relevant authorities in the United Kingdom enjoy little discretion to refuse a request for the arrest and surrender of a person to the ICC.

Authors: Urs, P

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Editoriale Scientifica
• Journal: Questions of International Law
• Volume: 109
• Article number: 29-45
• Publication date: 2025-06-16
• Acceptance date: 2025-06-04
• ISSN: 2284-2969
• Language: English
• Keywords: United Kingdom; International Criminal Court; arrest warrant; surrender; domestic law