Request for transit


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.

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.