Unscheduled landing on territory of transit State

Australia

Australia - ICC Act 2002 (2016)

Part 9—Transportation of persons in custody through Australia


150 Transportation of persons in custody through Australia

(5) However, if an unscheduled landing of an aircraft carrying the transportee takes place in Australia, the following provisions have effect:

(a) a police officer may detain the transportee in custody for a period of 96 hours from the time of the landing;
(b) the Attorney General must seek from the ICC a request for the transportation of the transportee through Australia;
(c) if the Attorney General receives such a request within that period—the transportation of the transportee may continue and the transportee is to continue to be detained in custody during the transportation;
(d) if the Attorney General does not receive such a request within that period—the transportee must be released from custody.

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 9 Transportation of persons in custody through Australia

150 Transportation of persons in custody through Australia

(5) However, if an unscheduled landing of an aircraft carrying the transportee takes place in Australia, the following provisions have effect:

a police officer may detain the transportee in custody for a period of 96 hours from the time of the landing;

the Attorney-General must seek from the ICC a request for the transportation of the transportee through Australia;

if the Attorney-General receives such a request within that period—the transportation of the transportee may continue and the transportee is to continue to be detained in custody during the transportation;

if the Attorney-General does not receive such a request within that period—the transportee must be released from custody.

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.