Detention pending surrender

Kingdom of Sweden

Cooperation with the ICC Act N.2002.329


In a matter concerning surrender to the International Criminal Court, compulsory measures may be used without a special investigation being submitted in support of the fact that the person subject to the application has committed the alleged crime. If the Court has requested that the person referred to in the application should be deprived of his or her liberty, such person shall be detained unless it is clear that detention is unwarranted. A person who is detained may request that a new hearing is held within three weeks from when a decision was last made. Otherwise, that generally prescribed for criminal matters shall apply to matters of compulsory measures.
A decision concerning compulsory measures may also be made after when the surrender has been decided. A decision by the court applies, unless otherwise decided, until the matter has been determined or, when the surrender has been decided, until it has been executed.

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;