Request for transit

United Kingdom of Great Britain and Northern Ireland

International Criminal Court Act 2001 (2014)

Part 2 Arrest and delivery of persons
Request for transit and unscheduled landing

21 Request for transit

(1) This section applies where the Secretary of State receives a request from the ICC for transit of a person being surrendered by another state.
(2) If the Secretary of State accedes to the request—
(a) the request shall be treated for the purposes of this Part as if it were a request for that person’s arrest and surrender,
(b) the warrant accompanying the request shall be deemed to have been endorsed under section 2(3), and
(c) the person to whom the request relates shall be treated on arrival in the United Kingdom as if he had been arrested under that warrant.
(3) In relation to a case where this section applies—
(a) the reference in section 5(2)(a)(i) to the warrant having been duly endorsed under section 2(3) shall be read as a reference to the Secretary of State having acceded to the request for transit; and
(b) section 12(1) (right to review of delivery order: period for making application) shall have effect as if the reference to 15 days (the period during which directions to execute delivery order are not to be given) were a reference to two days.
(4) A person in transit under this section shall not be granted bail.

Rome Statute

Article 89 Surrender of persons to the Court


(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.