'Transportation and transit through State territory for surrender' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 4
Cooperation with and assistence to Court in or outside South Africa

Part 1
Cooperation with court: arrest of persons and their surrender to court (ss 8-13)

12 Entry and passage of persons in custody through Republic

Any person entering and passing through the Republic in custody by virtue of any warrant or order lawfully issued by the Court is, during his or her passage through the Republic, and despite any other law, deemed to be in lawful custody and may be held in any police cell, lock-up, prison or any other detention facility which may be designated by the Cabinet member responsible for the administration of justice, in consultation with the Cabinet member responsible for correctional services or for safety and security, as the case may be, for that purpose.

RELEVANT ROME STATUTE PROVISIONS

Article 59
Arrest proceedings in the custodial State
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the
Court as soon as possible.

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.