SURRENDER OF OFFENDERS
TO THE INTERNATIONAL CRIMINAL COURT
26R. (1) If a person being surrendered by another state makes an unscheduled landing in Malta, he may be arrested by the Police without warrant whereupon the provisions of article 15(1), other than the reference therein to article 14(3) and subject to the provisions of this article, shall mutatis mutandis apply.
(2) The court shall remand him in custody pending -
(a) receipt by the Minister of a request from the ICC for his transit, and
(b) the Minister’s decision whether to accede to the request.
(3) If no such request is received by the Minister before the end ninety-six hours beginning with the time of the arrested person’s unscheduled landing -
(a) the Minister shall forthwith notify the court of that fact, and
(b) the court shall, on receipt of the notification, discharge the arrested person.
(4) If the Minister receives such a request before the end of that period, he shall notify the court without delay of his decision whether to accede to the request.
(5) If the Minister notifies the court that he has decided to accede to the request -
(a) the court shall, on receipt of the notification, terminate the period of remand, and
(b) the provisions of article 26Q shall apply with the substitution for the reference to the time of arrival in Malta in subarticle (2)(c) thereof of a reference to the time of notification to the court under this subarticle.
(6) If the Minister notifies the court that he has decided not to accede to the request, the court shall, on receipt of the notification, discharge the arrested person.
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.