Unscheduled landing on territory of transit State

Republic of Austria

Austria - Federal Law on Cooperation with the ICC (EN) 2002

Part 2
Specific provisions

Section 4
Custody pending surrender, surrender and transit

31. Transit and transport

3. In the event of an unscheduled landing, the person in transit shall be arrested, and the International Criminal Court shall be requested to transmit a request for transit together with the documents referred to in article 89(3)(b) of the Statute.

4. The person in transit shall be released if the request for transit has not been received within 96 hours. Such release shall not preclude a renewed arrest on the basis of a request pursuant to paragraph 24(1) or 26(1) above.

Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit

31. Transit and transport
6. Paragraphs 1, 2, 3 and 5 shall apply at the request of the International Criminal Court or of a State that has agreed to enforce a sentence passed by the Court for the transit of persons through the territory of the Republic of Austria on the understanding that the International Criminal Court shall be requested to transmit a request for transit together with a copy of the enforceable judgement in the event of an unscheduled landing.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(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.