Detention during transit

Commonwealth of Australia

Australia - International Criminal Court Act No. 41 2002 (2018) EN

Part 4—Other requests by ICC

Division 9—Temporary transfer of prisoners to the ICC

75 Effect of removal to foreign country on prisoners’ terms of imprisonment
A person who is serving a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory, or is otherwise subject to detention under a law of the Commonwealth or of a Territory, is taken to continue to serve that sentence of imprisonment, or to continue to be subject to that detention, at any time during which the person:
(a) is released from a prison under section 74 pursuant to a request by the ICC; and
(b) is in custody in connection with the request (including custody outside Australia).

Rome Statute

Article 89 Surrender of persons to the Court

3.

(c) A person being transported shall be detained in custody during the period of transit;