Detention during transit

Republic of South Africa

Implementation of the Rome Statute of the International Criminal Court (Act No. 27 of 2002)

Chapter 4
Cooperation with and assistence to Court in or outside South Africa

Part 1
Cooperation with court: arrest of persons and their surrender to court (ss 8-13)

12 Entry and passage of persons in custody through Republic

Any person entering and passing through the Republic in custody by virtue of any warrant or order lawfully issued by the Court is, during his or her passage through the Republic, and despite any other law, deemed to be in lawful custody and may be held in any police cell, lock-up, prison or any other detention facility which may be designated by the Cabinet member responsible for the administration of justice, in consultation with the Cabinet member responsible for correctional services or for safety and security, as the case may be, for that purpose.

Rome Statute

Article 89 Surrender of persons to the Court


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