Transportation and transit through State territory for surrender

Republic of Trinidad and Tobago

The International Criminal Court Act 2006


Person in Transit

(2) The transferee may be transported through Trinidad and Tobago for the purpose of being surrendered or transferred to the ICC or to another State, as the case may be.
(3) Before the transferee is transported through Trinidad and Tobago under subsection (2), the ICC must first transmit a request in accordance with article 87 of the Statute that contains the following information and documents:
(a) a description of the transferee;
(b) in the case of a person described in subsection (1)(a) —
(i) a brief statement of the facts of the case and their legal characterization; and
(ii) a copy of the warrant for arrest and surrender; and
(c) in a case of a person described in subsection (1)(b), such information as the Attorney General may request about the reasons for the temporary transfer.

(4) Notwithstanding subsection (3), the Attorney General shall not refuse a request for transit unless he considers that transit through Trinidad and Tobago would impede or delay the surrender or transfer of the transferee.
(5) Notwithstanding subsection (3), no authori¬zation for transit is required if the transferee is transported by air and no landing is scheduled on Trinidad and Tobago territory.
(6) If an unscheduled landing occurs on Trinidad and Tobago territory, the Attorney General may require the ICC to submit a request for transit of the transferee under subsection (3) as soon as is reasonably practicable.

Rome Statute

Article 89 Surrender of persons to the Court


(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.