Unscheduled landing on territory of transit State

Trinidad and Tobago

The International Criminal Court Act 2006

PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Person in Transit

136.

(5) Notwithstanding subsection (3), no authori¬zation for transit is required if the transferee is transported by air and no landing is scheduled on Trinidad and Tobago territory.
(6) If an unscheduled landing occurs on Trinidad and Tobago territory, the Attorney General may require the ICC to submit a request for transit of the transferee under subsection (3) as soon as is reasonably practicable.

PART VII
PERSONS IN TRANSIT TO ICC OR SERVING SENTENCES IMPOSED BY ICC

Person in Transit

137. (1) The transferee shall, during the period of transit, be detained in custody in accordance with subsection (2).
(2) If the aircraft or ship that transports a transferee lands or calls at any place in Trinidad and Tobago—
(a) the person holding the transferee in custody before the landing or call is made may hold the transferee in his or her custody or in police custody for a period not exceeding ninety-six hours; and
(b) a High Court may, on the application of a police officer, order that the transferee be held in custody for such further period as the Court considers reasonably necessary to facilitate the transportation of the transferee to the ICC or to another State, as the case may be.
(3) If an unscheduled landing occurs and the ICC is required under section 136(6) to submit a request for transit, the transferee must be held in custody under subsection (2).
(4) If subsection (3) applies, the period of detention of the transferee may not be extended beyond ninety-six hours from the time of the unscheduled landing, unless the request for transit from the ICC is received within that time.
(5) If a High Court orders, under subsection (2)(b), that a transferee be held in custody, the transferee may be detained in a prison or any other place in which a person could be detained under section 42.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(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.