Request for transit


The International Criminal Court Act 2010

Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

42. 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 Ugandan territory of a person –

(a) being surrendered to the ICC;

(b) being surrendered or transferred by another state to ICC;

(c) being transferred from the ICC to a State of enforcement;

(d) 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 for and the person shall be deemed to be in lawful custody, 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 Minister responsible for internal affairs.

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.