Transit proceedings


International Criminal Court Act 2007, No.26


53. Request for transit of a person to ICC -

(1) Subject to subsection (4), where the Minister receives a request from the ICC for transit through Samoa of a person -

(a) being surrendered or transferred by another state to the ICC;
(b) being transferred from the ICC to a State of enforcement;
(c) being transferred to or from the State of enforcement as a result of a review hearing or other appearance by the person before the ICC, the Minister shall accede to the request for transit and the person shall be deemed, during transit, to be in lawful custody and may be held in any police station, prison or any other place of detention which may be designated by the Minister in consultation with the other relevant Ministers.

(2) If a person referred to in subsection (1) arrives in Samoa without prior consent to transit, a police officer may at the request of the officer who has custody of the person being transported, hold the person in custody for a maximum period of 96 hours pending receipt by the Minister of a request under subsection (1).

(3) No authorisation for transit is required if the person being transported is transported by air and no landing is scheduled on the territory of Samoa.

(4) Notwithstanding subsection (1), the Minister may refuse a request for transit if the Minister considers that transit through Samoa would impede or delay the surrender or transfer of the person being transported.

(5) If an unscheduled landing occurs on the territory of Samoa, the Minister may require the ICC to submit a request under subsection (1), for transit of the person being transported as soon as is reasonably practicable.

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.