Part 2
Specific provisions

Section 4
Custody pending surrender, surrender and transit

28. Provisional transfer and repeal of the order for surrender

2. The investigating judge shall promptly suspend custody pending surrender and repeal the order for surrender if:

(1) the International Criminal Court so requests or otherwise revokes its request for surrender;

(2) it is ascertained that in all likelihood the person arrested is not the person sought; or

(3) the International Criminal Court determines its lack of jurisdiction or the inadmissibility of the proceedings before it.

Part 2
Specific provisions

Section 4
Custody pending surrender, surrender and transit

31. Transit and transport

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 paragraph 24(1) or 26(1) above.

Article 92
Provisional arrest
3. A person who is provisionally arrested may be released from custody if the requested State
has not received the request for surrender and the documents supporting the request as specified in
article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the
person may consent to surrender before the expiration of this period if permitted by the law of the
requested State. In such a case, the requested State shall proceed to surrender the person to the
Court as soon as possible.