'Transportation and transit through State territory for surrender' in document 'Switzerland: Law on Cooperation with the ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II: COOPERATION WITH THE COURT
SECTION IV: FURTHER PROVISIONS

Art. 13 Transit

1 Upon request of the Court, the Central Authority may authorize the transit of a person in detention and the measures necessary for transit, without hearing the views of the affected person.

2 No authorization is required if the person in detention is to be transported by air over Swiss territory and no landing is scheduled.

3 If an unscheduled landing occurs, the person in transit shall be kept in custody. The Central Authority shall immediately ask the Court to make a request for transit. If the request is not received within 96 hours, the person shall be released. If the request is received after this period of time has elapsed, the person may again be arrested and the transit of the person may be authorized.

4 An authorization of transit cannot be appealed.

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.