Unscheduled landing on territory of transit State

Swiss Confederation

Federal Law on Cooperation with the International Criminal Court 2001


Art. 13 Transit

1 Upon request of the Court, the Central Authority may authorize the transit of a person in detention and the measures necessary for transit, without hearing the views of the affected person.

2 No authorization is required if the person in detention is to be transported by air over Swiss territory and no landing is scheduled.

3 If an unscheduled landing occurs, the person in transit shall be kept in custody. The Central Authority shall immediately ask the Court to make a request for transit. If the request is not received within 96 hours, the person shall be released. If the request is received after this period of time has elapsed, the person may again be arrested and the transit of the person may be authorized.

Rome Statute

Article 89 Surrender of persons to the Court


(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.