Request for transit


Cooperation with the ICC Act N.2002.329


The Head of the Ministry of Justice may issue a permit for transit through Sweden of a person deprived of his or her liberty who, to be surrendered or extradited or for another purpose, shall be transferred between another State and the International Criminal Court. During such transit, the deprivation of liberty shall continue unless the Court requests that the person being transferred is released.

For transport by air without a scheduled intermediate landing in Sweden, permission according to the first paragraph is not required. If an unscheduled intermediate landing occurs, the police authority shall take the person being transferred into custody until an application is made for permission for the transit in accordance with the first paragraph and immediately notify the Head of the Ministry of Justice thereof. If no application is made within at the latest 96 hours of the unscheduled landing, the person shall be immediately released.

If permission has been granted in accordance with the first paragraph, the police authority may if necessary take the person being transferred into custody. The provisions of Section 5 apply as regards compulsory measures in a matter concerning transit.

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.