Transportation and transit through State territory for surrender

Japan

Japan - Extradition Act 1953 EN

(Steps taken by the Minister of Justice concerning the approval of transportation of a person surrendered)

Article 34.

1. The Minister of Justice, upon a request made by a foreign country through the diplomatic channel, may give approval to transport through the territory of Japan a person surrendered to that country by another foreign country, except in any of the following circumstances:

(1) When the act which has given rise to the extradition of the person with whom the request is concerned would not constitute an offense under Japanese laws, regulations or ordinances if the act were committed in Japan;
(2) When the offense which has given rise to the extradition of the person with whom the request is concerned is a political offense or when the request for the extradition concerned is deemed to have been made with a view to trying or punishing the person surrendered for a political offense;
(3) When the request has not been made pursuant to a treaty of extradition and the person with whom the request is concerned is a Japanese national.

2. The Minister of Justice shall consult with the Minister of Foreign Affairs before deciding whether to give the approval provided for in paragraph 1 above.

Japan - ICC Cooperation Act 2007 EN

Chapter II Cooperation with the International Criminal Court

Section 3 Surrender of an Offender Sought for Surrender, etc.

Section 5 Miscellaneous Provisions

(Approval of Transportation through Japanese Territory)
Article 49 Where a request for approval of transportation (meaning transportation in which foreign authorities or a person designated by the ICC (referred to as "foreign authorities" in the following Article) escort a person sought for surrender under the provisions of article 89, paragraph 1 of the Statute (referred to as the "person sought for surrender" in the following Article) while passing through the Japanese territory; the same shall apply in the following Article) has been made by the ICC, the Minister of Foreign Affairs shall, except where he/she finds that the form of said request does not to comply with the Statute, give his/her approval to that request.


(Measures for Landings in Japan under Escort)
Article 50 (1) Where an aircraft carrying a person sought for surrender under transportation by foreign authorities (excluding transportation that has been approved under the provisions of the preceding Article) has landed in Japan due to weather conditions or any other unavoidable grounds, when a police official or an immigration control officer has discovered the person sought for surrender, he/she may take said person sought for surrender into custody in order to deliver him/her to the foreign authorities.

(2) Upon taking a person sought for surrender into custody pursuant to the provisions of the preceding paragraph, an immigration control officer shall immediately deliver said person to a police official. In this case, the police official may continue to keep said person sought for surrender in custody.

(3) The duration of custody of a person sought for surrender under the provisions of the preceding two paragraphs may not exceed ninety six hours from the time of landing.

(4) A police official who has taken a person sought for surrender into custody pursuant to the provisions of paragraph (1) or a police official to whom a person sought for surrender has been delivered pursuant to the provisions of paragraph (2) shall notify the Minister of Foreign Affairs to that effect.

(5) When the Minister of Foreign Affairs has been notified as set forth in the preceding paragraph, he/she shall notify the ICC that the person sought for surrender has been taken into custody.

(6) When the Minister of Foreign Affairs has received a request for approval of transportation as set forth in the preceding Article from the ICC, he/she shall notify the police official set forth in paragraph (4) to that effect.

(7) Where a request for approval of transportation under the preceding Article has been accepted within the period prescribed in paragraph (3), a police official may, notwithstanding the provisions of said paragraph, continue to keep the person sought for surrender in custody until he/she delivers said person sought for surrender to the foreign authorities escorting said person sought for surrender; provided, however, that where a police official has been notified by the Minister of Foreign Affairs that approval has not been given for transportation, he/she may not continue to keep the person sought for surrender in custody.

(8) When a police official becomes unable to continue keeping a person sought for surrender in custody pursuant the provisions of paragraph (3) or the preceding paragraph, he/she shall deliver the person sought for surrender to an immigration control officer.

(9) In addition to what is provided for in the preceding paragraphs, the necessary matters with regard to procedures concerning the custody of a person sought for surrender by a police official shall be specified by the Rules of the National Public Safety Commission.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(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.