Unscheduled landing on territory of transit State


Ireland - ICC Act 2006 EN

Part 5
Other Requests


(6) (a) This subsection applies where a person referred to in any paragraph of subsection (1) is on board an aircraft which makes an unscheduled landing in the State.

(b) Where this subsection applies, the Minister may—

(i) require that the Court, in accordance with Article 89.3(e), submit a request for transit of the person concerned within the period of 96 hours commencing at the time of the unscheduled landing, and
(ii) inform the Court that, if the request is not received within that period, the person will be released.

(c) If the request is not received by the Minister before the end of the period mentioned in paragraph (b) (ii), the Minister shall order the person’s release.

(d) The release is not a bar to the arrest of the person on foot of a subsequent request from the Court for his or her surrender.

(e) Subsections (2) to (5) apply in relation to such a person as they apply in relation to a transferee.

Rome Statute

Article 89 Surrender of persons to the Court


(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.