(LRC Revised)

Number 30 of 2006

INTERNATIONAL CRIMINAL COURT ACT 2006

REVISED

Updated to 17 May 2021

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

International Criminal Court Act 2006

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Residential Tenancies Act

2021

(5/2021), enacted 30 March 2021, and all statutory instruments up to and

including

European Union (European Arrest Warrant Act 2003) (Amendment) Regulations

2021

(S.I. No. 150 of 2021), made 26 March 2021, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

30

of

2006

INTERNATIONAL CRIMINAL COURT ACT 2006

REVISED

Updated to 17 May 2021

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Interpretation (general).

3. Interpretation by courts of Act and Statute.

4. Requests by International Criminal Court.

5. Expenses.

PART 2

Domestic Jurisdiction in ICC Offences

6. Interpretation (

Part 2

).

7. Genocide, crimes against humanity and war crimes.

8. Offences ancillary to genocide, crimes against humanity and war crimes.

9. Proceedings for ICC offence.

10. Penalty for ICC offence.

11. Offences against administration of justice.

12. Extra-territorial jurisdiction.

13. Applicable law.

14. Protection of victims and witnesses.

PART 3

Requests by International Criminal Court for Arrest and Surrender of Persons

15. Interpretation (

Part 3

).

16. Effect of release under this Part.

17. Request for arrest and surrender.

18. Conflicting requests.

19. Certificate by Minister of making of request.

20. Issue of arrest warrant.

21. Request for provisional arrest.

22. Issue of provisional arrest warrant.

23. Execution of arrest warrants.

24. Proceedings after provisional arrest.

25. Surrender order.

26. Adjournment and remand.

27. Time lapse before surrender.

28. Removal to hospital or other place.

29. Consent to surrender.

30. Surrender.

31. Postponement of surrender.

32. Release by order of Minister.

33. Release by order of High Court.

34. Release not a bar to subsequent arrest or surrender.

35. Imprisoned or detained persons whose surrender requested.

36. Rule of specialty.

PART 4

Requests to Freeze Assets and Enforce Orders of International Criminal Court

37. Interpretation (

Part 4

).

38. Freezing orders.

39. Registration of freezing orders.

40. Enforcement of ICC orders.

41. Realisation of property.

42. Exercise of powers by High Court or receiver.

43. Receivers: supplementary provision.

44. Bankruptcy of defendant, etc.

45. Property dealt with by Official Assignee.

46. Winding up of company holding realisable property.

47. Interest on sums unpaid under enforcement orders.

48. Currency of payments under enforcement orders.

49. Application of proceeds of realisation.

PART 5

Other Requests

50. Identification evidence.

50A. Application for court order authorising taking of identification evidence from

protected person or child.

51. Locating persons and identifying or locating property, etc.

52. Taking of evidence.

53. Questioning.

54. Service of documents.

55. Temporary transfer of prisoner.

56. Transit.

57. Act not to limit provision of other assistance.

PART 6

Miscellaneous

58. Sittings in State of International Criminal Court.

59. Investigations in State by Prosecutor.

60. Immunities and privileges relating to International Criminal Court.

61. State or diplomatic immunity, etc.

62. Requests to International Criminal Court for assistance.

63. Evidence in proceedings.

64. Regulations.

65. Amendment of International War Crimes Tribunals Act 1998.

66. Consequential amendments.

SCHEDULE 1

Statute of the International Criminal Court, done at Rome on 17 July 1998

SCHEDULE 2

Agreement on the Privileges and Immunities of the International Criminal Court

SCHEDULE 3

Consequential Amendments

SCHEDULE 4

Convention on the Prevention and Punishment of the Crime of Genocide. Adopted by

the General Assembly of the United Nations on 9 December 1948

Acts Referred to

Air Navigation and Transport Act 1973

1973, No. 29

Bail Act 1997

1997, No. 16

Bankruptcy Act 1988

1988, No. 27

Central Bank Act 1971

1971, No. 24

Children Act 2001

2001, No. 24

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2005

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice Act 1960

1960, No. 15

Criminal Justice Act 1994

1994, No. 15

Criminal Justice Act 1999

1999, No. 10

Criminal Justice (Legal Aid) Act 1962

1962, No. 12

Criminal Justice (Safety of United Nations Workers) Act 2000

2000, No. 16

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

Criminal Justice (United Nations Convention against Torture) Act 2000

2000, No. 11

Criminal Law (Rape) Acts 1981 and 1990

Criminal Law Act 1997

1997, No. 14

Criminal Procedure Act 1967

1967, No. 12

Defence Act 1954

1954, No. 18

Dentists Act 1985

1985, No. 9

Diplomatic Relations and Immunities Act 1967

1967, No. 8

European Arrest Warrant Act 2003

2003, No. 45

Extradition (European Convention on the Suppression of Terrorism) Act 1987

1987, No. 1

Extradition Act 1965

1965, No. 17

Extradition Acts 1965 to 2001

Geneva Conventions Act 1962

1962, No. 11

Geneva Conventions (Amendment) Act 1998

1998, No. 35

Genocide Act 1973

1973, No. 28

International War Crimes Tribunals Act 1998

1998, No. 40

Medical Practitioners Act 1978

1978, No. 4

Mercantile Marine Act 1955

1955, No. 29

Misuse of Drugs Act 1977

1977, No. 12

Official Secrets Act 1963

1963, No. 1

Prisons Act 1970

1970, No. 11

Prisons Act 1972

1972, No. 7

Proceeds of Crime Act 1996

1996, No. 30

Registration of Deeds Act 1707

6 Anne, c. 2

Registration of Title Act 1964

1964, No. 16

Number

30

of

2006

INTERNATIONAL CRIMINAL COURT ACT 2006

REVISED

Updated to 17 May 2021

AN ACT TO PROVIDE FOR THE PUNISHMENT BY COURTS IN THE STATE AND BY COURTS-MARTIAL

OF GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES AND OTHER OFFENCES WITHIN THE JURISDICTION

OF THE INTERNATIONAL CRIMINAL COURT, WHICH WAS ESTABLISHED UNDER THE ROME STATUTE

OF THE INTERNATIONAL CRIMINAL COURT, DONE AT ROME ON 17 JULY 1998; TO ENABLE EFFECT

TO BE GIVEN TO REQUESTS BY THAT COURT FOR ASSISTANCE IN THE INVESTIGATION OR PROSECUTION

OF THOSE OFFENCES, INCLUDING REQUESTS TO ARREST AND SURRENDER PERSONS, TO FREEZE ASSETS

AND TO ENFORCE ANY FINES OR FORFEITURES IMPOSED BY IT; TO MAKE PROVISION IN RELATION

TO ANY SITTINGS OF THE COURT THAT MAY BE HELD IN THE STATE; AND TO PROVIDE FOR RELATED

MATTERS.

[31

st October

, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or instrument made under an enactment—

(

a

) references to the Department of Justice and Law Reform shall be construed as references

to the Department of Justice and Equality;

(

b

) references to the Minister for Justice and Law Reform shall be construed as references

to the Minister for Justice and Equality.

Editorial Notes

E1

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister)

Order 2010

(S.I. No. 216 of 2010), in effect as per art. 1(2).

Annotations

Modifications (not altering text)

C1

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or instrument made under an enactment—

(

a

) references to the Department of Justice and Law Reform shall be construed as references

to the Department of Justice and Equality;

(

b

) references to the Minister for Justice and Law Reform shall be construed as references

to the Minister for Justice and Equality.

Editorial Notes

E1

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister)

Order 2010

(S.I. No. 216 of 2010), in effect as per art. 1(2).

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Interpretation (general).

3. Interpretation by courts of Act and Statute.

4. Requests by International Criminal Court.

5. Expenses.

PART 2

Domestic Jurisdiction in ICC Offences

6. Interpretation (

Part 2

).

7. Genocide, crimes against humanity and war crimes.

8. Offences ancillary to genocide, crimes against humanity and war crimes.

9. Proceedings for ICC offence.

10. Penalty for ICC offence.

11. Offences against administration of justice.

12. Extra-territorial jurisdiction.

13. Applicable law.

14. Protection of victims and witnesses.

PART 3

Requests by International Criminal Court for Arrest and Surrender of Persons

15. Interpretation (

Part 3

).

16. Effect of release under this Part.

17. Request for arrest and surrender.

18. Conflicting requests.

19. Certificate by Minister of making of request.

20. Issue of arrest warrant.

21. Request for provisional arrest.

22. Issue of provisional arrest warrant.

23. Execution of arrest warrants.

24. Proceedings after provisional arrest.

25. Surrender order.

26. Adjournment and remand.

27. Time lapse before surrender.

28. Removal to hospital or other place.

29. Consent to surrender.

30. Surrender.

31. Postponement of surrender.

32. Release by order of Minister.

33. Release by order of High Court.

34. Release not a bar to subsequent arrest or surrender.

35. Imprisoned or detained persons whose surrender requested.

36. Rule of specialty.

PART 4

Requests to Freeze Assets and Enforce Orders of International Criminal Court

37. Interpretation (

Part 4

).

38. Freezing orders.

39. Registration of freezing orders.

40. Enforcement of ICC orders.

41. Realisation of property.

42. Exercise of powers by High Court or receiver.

43. Receivers: supplementary provision.

44. Bankruptcy of defendant, etc.

45. Property dealt with by Official Assignee.

46. Winding up of company holding realisable property.

47. Interest on sums unpaid under enforcement orders.

48. Currency of payments under enforcement orders.

49. Application of proceeds of realisation.

PART 5

Other Requests

50. Identification evidence.

50A. Application for court order authorising taking of identification evidence from

protected person or child.

51. Locating persons and identifying or locating property, etc.

52. Taking of evidence.

53. Questioning.

54. Service of documents.

55. Temporary transfer of prisoner.

56. Transit.

57. Act not to limit provision of other assistance.

PART 6

Miscellaneous

58. Sittings in State of International Criminal Court.

59. Investigations in State by Prosecutor.

60. Immunities and privileges relating to International Criminal Court.

61. State or diplomatic immunity, etc.

62. Requests to International Criminal Court for assistance.

63. Evidence in proceedings.

64. Regulations.

65. Amendment of International War Crimes Tribunals Act 1998.

66. Consequential amendments.

SCHEDULE 1

Statute of the International Criminal Court, done at Rome on 17 July 1998

SCHEDULE 2

Agreement on the Privileges and Immunities of the International Criminal Court

SCHEDULE 3

Consequential Amendments

SCHEDULE 4

Convention on the Prevention and Punishment of the Crime of Genocide. Adopted by

the General Assembly of the United Nations on 9 December 1948