Part 3 Transit

§ 39 Unscheduled Landing
(relating to Article 89 para. 3(e) of the Rome Statute)

(1) In the case of an unscheduled landing in Germany, the office that first knew of the landing and is involved based upon this law shall promptly inform the Court and the office responsible pursuant to § 68 para. 1 of the landing. The office responsible pursuant to § 68 para. 1 shall ask the Court for a transit request in accordance with Article 89 para. 3 (b) of the Rome Statute. The public prosecutor and the officers of the police force are authorized to conduct the provisional arrest.
(2) The suspect shall promptly, no later than the day after the arrest, be brought before a judge of the next District Court. He shall be released from detention by the judge when, 96 hours have passed since the unscheduled landing without a transit request or the necessary documents having been received by the office responsible pursuant to § 68 para. 1.
(3) In addition, §§ 35-35 apply mutatis mutandis.

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.

This provision follows the ICC Statute.