I. General Provisions

Article 7
Surrender of Liechtenstein nationals

Nothing precludes the surrender of Liechtenstein nationals to the International Criminal Court or an International Tribunal or their transit or transport or surrender to another State for the enforcement of a sentence passed by the International Criminal Court or an International Tribunal.

I. General Provisions

Article 13
Free passage

(1) Persons summoned by the International Criminal Court or an International Tribunal from a foreign country to appear before the Court or Tribunal or persons whose presence is required at the seat of the International Criminal Court or International Tribunal shall for such purposes have a right of free passage through Liechtenstein, where they may not be prosecuted or punished or detained on account of any act engaged in prior to their entry.

(2) Prosecution, punishment or detention on account of an act engaged in prior to entry is admissible if the person summoned overstays the time required for transit through Liechtenstein and could actually have left the territory.

(3) No safe passage shall be granted where the International Criminal Court or International Tribunal requests the arrest of the person summoned (Articles 25, 27 and 28 below).

II. Specific provisions

D. Custody pending surrender, surrender and transit

Article 33
Transit and transport

(1) At the request of the International Criminal Court, persons may be transported through Liechtenstein and held in custody to secure such transit.

(2) There is no need to apply for authorisation where the person is conveyed by air and no landing is scheduled on Liechtenstein territory.

(3) In the event of an unscheduled landing, the person in transit shall be arrested and the International Criminal Court shall be requested to transmit a request for transit together with the documents referred to in article 89(3)(b) of the Rome Statute.

(4) The person in transit shall be released if the request for transit has not been received within 96 hours. Such release shall not preclude a renewed arrest on the basis of a request pursuant to Article 25(1) or 27(1) above.

(5) The decision on transit shall be taken by the Ministry of Justice. Such transit shall be approved unless it would impede or delay surrender. A domestic conviction for a criminal offence not within the jurisdiction of the International Criminal Court shall not prevent transit. The authorisation of transit is not open to appeal.

(6) Paragraphs 1, 2, 3 and 5 shall apply at the request of the International Criminal Court or of a State that has agreed to enforce a sentence passed by the Court for the transit of persons through the territory of the Principality of Liechtenstein on the understanding that the International Criminal Court will be requested to transmit a request for transit together with a copy of the enforceable judgement in the event of an unscheduled landing.