Part 2
Specific provisions
Section 4
Custody pending surrender, surrender and transit
31. Transit and transport
1. At the request of the International Criminal Court, persons may be transported through Austria and held in custody to secure such transit.
2. There is no need to apply for authorisation where the person is conveyed by air and no landing is scheduled on Austria territory.
3. In the event of an unscheduled landing, the person in transit shall be arrested, and the International Criminal Court shall be requested to transmit a request for transit together with the documents referred to in article 89(3)(b) of the Statute.
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.
5. The decision on transit shall be taken by the Federal Minister of Justice with the consent of the Federal Minister of the Interior. Such transit shall be approved unless it would impede or delay surrender. A domestic conviction for a criminal offence not within the jurisdiction of the International Criminal Court shall not prevent transit. The authorisation of transit is not open to appeal.
6. Paragraphs 1, 2, 3 and 5 shall apply at the request of the International Criminal Court or of a State that has agreed to enforce a sentence passed by the Court for the transit of persons through the territory of the Republic of Austria on the understanding that the International Criminal Court shall be requested to transmit a request for transit together with a copy of the enforceable judgement in the event of an unscheduled landing.
Transit proceedings
Transportation and transit through State territory for surrender
Request for transit
EDIT.