Request for transit

Kingdom of Belgium

Belgium - Act on Cooperation with ICC 2004 EN

TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER IV ARREST, TRANSFER, TRANSIT AND SURRENDER OF PERSONS TO THE COURT
SECTION IV TRANSIT

Article 20
At the request of the Court, made pursuant to article 89, paragraph 3(b) of the Statute, the central authority shall authorize the transport through Belgian territory of any person transferred to the Court by another State, except in cases where the transit would impede or delay the surrender.
Should an unscheduled landing occur on Belgian territory, a transit authorization may be required from the Court in accordance with article 89, paragraph 3(e) of the Statute. The person transported shall be detained in custody until the request for transit is received and the transit is effected. However, detention may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that period of time.

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.

(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i) A description of the person being transported;

(ii) A brief statement of the facts of the case and their legal characterization; and

(iii) The warrant for arrest and surrender;

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

(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.