ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
PART 10. ENFORCEMENT
Role of States in enforcement of
sentences of imprisonment
A sentence of imprisonment shall be served in a State designated by the
Court from a list of States which have indicated to the Court their willingness
to accept sentenced persons.
(b) At the time of declaring its willingness to
accept sentenced persons, a State may attach conditions to its acceptance
as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall
promptly inform the Court whether it accepts the Court's designation.
The State of enforcement shall notify the Court of any circumstances, including
the exercise of any conditions agreed under paragraph 1, which could materially
affect the terms or extent of the imprisonment. The Court shall be given
at least 45 days' notice of any such known or foreseeable circumstances.
During this period, the State of enforcement shall take no action that
might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances
referred to in subparagraph (a), it shall notify the State of enforcement
and proceed in accordance with article 104, paragraph 1.
exercising its discretion to make a designation under paragraph 1, the
Court shall take into account the following:
(a) The principle that States Parties should share
the responsibility for enforcing sentences of imprisonment, in accordance
with principles of equitable distribution, as provided in the Rules of
Procedure and Evidence;
(b) The application of widely accepted international
treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances
of the crime or the person sentenced, or the effective enforcement of the
sentence, as may be appropriate in designating the State of enforcement.
no State is designated under paragraph 1, the sentence of imprisonment
shall be served in a prison facility made available by the host State,
in accordance with the conditions set out in the headquarters agreement
referred to in article 3, paragraph 2. In such a case, the costs arising
out of the enforcement of a sentence of imprisonment shall be borne by
Change in designation of State of enforcement
Court may, at any time, decide to transfer a sentenced person to a prison
of another State.
2. A sentenced
person may, at any time, apply to the Court to be transferred from the
State of enforcement.
Enforcement of the sentence
to conditions which a State may have specified in accordance with article
103, paragraph 1 (b), the sentence of imprisonment shall be binding on
the States Parties, which shall in no case modify it.
Court alone shall have the right to decide any application for appeal and
revision. The State of enforcement shall not impede the making of any such
application by a sentenced person.
Supervision of enforcement of sentences and
conditions of imprisonment
enforcement of a sentence of imprisonment shall be subject to the supervision
of the Court and shall be consistent with widely accepted international
treaty standards governing treatment of prisoners.
conditions of imprisonment shall be governed by the law of the State of
enforcement and shall be consistent with widely accepted international
treaty standards governing treatment of prisoners; in no case shall such
conditions be more or less favourable than those available to prisoners
convicted of similar offences in the State of enforcement.
between a sentenced person and the Court shall be unimpeded and confidential.
Transfer of the person upon completion of sentence
completion of the sentence, a person who is not a national of the State
of enforcement may, in accordance with the law of the State of enforcement,
be transferred to a State which is obliged to receive him or her, or to
another State which agrees to receive him or her, taking into account any
wishes of the person to be transferred to that State, unless the State
of enforcement authorizes the person to remain in its territory.
no State bears the costs arising out of transferring the person to another
State pursuant to paragraph 1, such costs shall be borne by the Court.
to the provisions of article 108, the State of enforcement may also, in
accordance with its national law, extradite or otherwise surrender the
person to a State which has requested the extradition or surrender of the
person for purposes of trial or enforcement of a sentence.
Limitation on the prosecution or punishment of
1. A sentenced
person in the custody of the State of enforcement shall not be subject
to prosecution or punishment or to extradition to a third State for any
conduct engaged in prior to that person's delivery to the State of enforcement,
unless such prosecution, punishment or extradition has been approved by
the Court at the request of the State of enforcement.
Court shall decide the matter after having heard the views of the sentenced
1 shall cease to apply if the sentenced person remains voluntarily for
more than 30 days in the territory of the State of enforcement after having
served the full sentence imposed by the Court, or returns to the territory
of that State after having left it.
Enforcement of fines and forfeiture measures
Parties shall give effect to fines or forfeitures ordered by the Court
under Part 7, without prejudice to the rights of bona fide third parties,
and in accordance with the procedure of their national law.
a State Party is unable to give effect to an order for forfeiture, it shall
take measures to recover the value of the proceeds, property or assets
ordered by the Court to be forfeited, without prejudice to the rights of
bona fide third parties.
or the proceeds of the sale of real property or, where appropriate, the
sale of other property, which is obtained by a State Party as a result
of its enforcement of a judgement of the Court shall be transferred to
Review by the Court concerning reduction of sentence
State of enforcement shall not release the person before expiry of the
sentence pronounced by the Court.
Court alone shall have the right to decide any reduction of sentence, and
shall rule on the matter after having heard the person.
the person has served two thirds of the sentence, or 25 years in the case
of life imprisonment, the Court shall review the sentence to determine
whether it should be reduced. Such a review shall not be conducted before
its review under paragraph 3, the Court may reduce the sentence if it finds
that one or more of the following factors are present:
(a) The early and continuing
willingness of the person to cooperate with the Court in its investigations
(b) The voluntary assistance of
the person in enabling the enforcement of the judgements and orders of
the Court in other cases, and in particular providing assistance in locating
assets subject to orders of fine, forfeiture or reparation which may be
used for the benefit of victims; or
(c) Other factors establishing
a clear and significant change of circumstances sufficient to justify the
reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the
Court determines in its initial review under paragraph 3 that it is not
appropriate to reduce the sentence, it shall thereafter review the question
of reduction of sentence at such intervals and applying such criteria as
provided for in the Rules of Procedure and Evidence.
If a convicted person escapes from custody and flees the State of enforcement,
that State may, after consultation with the Court, request the person's
surrender from the State in which the person is located pursuant to existing
bilateral or multilateral arrangements, or may request that the Court seek
the person's surrender, in accordance with Part 9. It may direct that the
person be delivered to the State in which he or she was serving the sentence
or to another State designated by the Court.
Part 9 || Part 11