Agreements on the Enforcement of Sentences with the International Criminal Court

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An Agreement on the Enforcement of Sentences with the International Criminal Court is a formal agreement whereby a state agrees to carry out a sentence imposed by the Court. Article 103 of the Rome Statute of the International Criminal Court states that 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."[1] To this end, the Court has concluded Agreements with a number of states that have declared their willingness to accept sentenced persons.

As of July 2012, one person, Thomas Lubanga, has been sentenced to 14 years imprisonment and would be to be released between 2015 and 2020. An appeal against this decision is pending. It has not yet been publicly determined in which country Lubanga would serve his sentence if the conviction stood on appeal.

States with an Agreement with the Court[edit]

State Adoption Entry into force Persons
transferred
Ref.
 Austria 27 October 2005 26 November 2005 [2]
 Belgium 1 June 2010 1 June 2010 [3]
 Colombia 17 May 2011 [4]
 Denmark 1 June 2010 5 July 2012 [5]
 Finland 1 June 2010 24 April 2011 [6]
 Mali 13 January 2012 [7]
 Serbia 20 January 2011 28 May 2011 [8]
 United Kingdom 8 November 2007 8 December 2007 [9]

States accepting sentenced persons by declaration and under certain circumstances[edit]

Some states have declared their willingness to accept their own nationals or, in some cases, their residents to serve a sentence imposed by the Court within their territory. Sometimes a state has the additional condition of the sentence not exceeding the maximum time allowed for a sentence under national law. The following states have declared their intentions in declarations made when they ratified the Rome Statute.[10]

State Date Conditions on persons Conditions on sentences Persons
transferred
 Andorra 20 April 2001 Nationals only Cannot exceed national maximum
 Czech Republic 21 July 2009 Nationals and residents only
 Honduras 13 July 2004 Nationals only Cannot exceed national maximum
 Liechtenstein 2 October 2001 Nationals and residents only
 Lithuania 12 May 2003 Nationals only
 Slovakia 11 April 2002 Nationals and residents only
 Spain 24 October 2000 Cannot exceed national maximum
  Switzerland 12 October 2001 Nationals and residents only

References[edit]

  1. ^ Article 103 of the Rome Statute of the International Criminal Court.
  2. ^ "ICC-PRES/01-01-05: Agreement between the International Criminal Court and the Federal Government of Austria on the enforcement of sentences of the International Criminal Court" (PDF). International Criminal Court. 2005-10-27. Retrieved 2011-05-02. 
  3. ^ "ICC-PRES/06-01-10: Agreement between the International Criminal Court and the Government of the Kingdom of Belgium on the Enforcement of Sentences of the International Criminal Court" (PDF). International Criminal Court. 2010-06-01. Retrieved 2011-05-02. 
  4. ^ "ICC-CPI-20110516-MA102: ICC President to sign enforcement of sentences agreement during his visit to Colombia". International Criminal Court. 2011-05-16. Archived from the original on 2012-04-03. Retrieved 2011-05-18. 
  5. ^ Agreement between the Kingdom of Denmark and the International Criminal Court on the Enforcement of Sentences of the International Criminal Court. Retrieved 22 July 2012.
  6. ^ "ICC‐PRES/07‐01‐11: Agreement between the International Criminal Court and the Government of the Republic of Finland on the Enforcement of Sentences of the International Criminal Court" (PDF). International Criminal Court. 2011-04-24. Retrieved 2011-05-02. 
  7. ^ "Mali becomes first African state to sign an agreement on the enforcement of sentences with the ICC". International Criminal Court. 2012-01-20. Retrieved 2012-01-20. 
  8. ^ "ICC‐PRES/09‐03‐11: Agreement between the Republic of Serbia and the International Criminal Court on the Enforcement of Sentences of the International Criminal Court". International Criminal Court. 2011-05-28. Retrieved 2011-07-15. 
  9. ^ "ICC-PRES/04-01-07: Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the International Criminal Court on the enforcement of sentences imposed by the International Criminal Court" (PDF). International Criminal Court. 2011-11-08. Retrieved 2011-05-02. 
  10. ^ "Chapter XVIII Penal Matters: 10. Rome Statute of the International Criminal Court". United Nations Treaty Collection. 2011-05-02. Archived from the original on 4 June 2011. Retrieved 2011-05-02.