Transit proceedings

Netherlands

International Criminal Court Implementation Act 2002

CHAPTER 5. ASSISTANCE PROVIDED BY THE HOST STATE
Section 85
1. The transit of persons who are surrendered as suspects by the authorities of a foreign State to the ICC shall be effected on the authority of the ICC by Dutch officials designated by Our Minister and under their security.
2. The transit of other persons who are brought or come to the Netherlands at the request of the ICC shall be effected on the authority of the ICC by Dutch officials designated by Our Minister and under their guard.
3. Transportation within the Netherlands outside the areas under the authority of the ICC of persons deprived of their liberty by order of the ICC shall be effected on the authority of the ICC by Dutch officials designated by Our Minister and under their guard.
4. The officials referred to in this section shall be competent to take all measures necessary to ensure the safety of the persons concerned and to prevent them from absconding.

Section 86
1.The transit of persons who are transferred by the ICC to the authorities of a foreign State shall be effected on the authority of the ICC by Dutch officials designated by Our Minister and under their guard.
2. The officials referred to in this section shall be competent to take all measures necessary to ensure the safety of the persons concerned and to prevent them from absconding.

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.