Detention pending surrender

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

26. Custody pending surrender and orders for surrender
1. In the event of a request from the International Criminal Court for the arrest and surrender of an accused person, on application by the public prosecutor, the investigating judge shall initiate the surrender procedure and order the arrest of the accused person, his or her custody pending surrender and, in accordance with the following paragraphs, his or her surrender to the International Criminal Court. The investigating judge shall not have competence to consider the allegations giving rise to the arrest warrant or the grounds therefor.

Rome Statute

Article 89 Surrender of persons to the Court

3.

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