Transportation and transit through State territory for surrender

Japan

Japan - Extradition Act 1953 (2010) EN

(Measures by the Minister of Justice concerning the approval of transportation through Japanese territory)

Article 34

(1) The Minister of Justice may, upon a request made by a foreign state through diplomatic channels, give approval for a person surrendered to that state by another foreign state to be transported through the territory of Japan, except in any of the following circumstances.

(i) When the act of the person in the request which constitutes the grounds of the extradition concerned would not constitute an offense under Japanese laws and regulations if the act were to be committed in Japan.
(ii) When the offense of the person in the request which constitutes the grounds of the extradition concerned is a political offense or when the request for the extradition concerned is deemed to have been made with a view to trying or punishing the person for a political offense.
(iii) When the request is not based on an extradition treaty and the person concerned in the request is a Japanese national.

(2) The Minister of Justice shall consult with the Minister of Foreign Affairs before deciding whether to give the approval provided for in paragraph (1) above.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.