Austria

Federal Law no 135: Cooperation with the International Criminal Court

Part 1
General Provisions

12. Free passage
1. Persons summoned by the International Criminal Court from a foreign country to appear before the Court or persons whose presence is required at the seat of the Court shall for such purposes have a right of free passage through Austria, 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 Austria and could actually have left the territory.
3. No safe passage shall be granted where the International Criminal Court requests the arrest of the person summoned (paragraphs 24 to 26 below).

Keywords

Transit proceedings
Transportation and transit through State territory for surrender
Facilitating voluntary appearance of persons - national procedures for ICC proceedings



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