Agreements on the Enforcement of Sentences with the International Criminal Court


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." To this end, the Court has concluded Agreements with a number of states that have declared their willingness to accept sentenced persons.

States with an agreement with the Court

Several states have entered into general agreements to enforce sentences imposed by the Court.
StateAdoptionEntry into forcePersons
transferred
Ref.
1

''Ad hoc'' agreements

An agreement on the enforcement of sentences can also be ad hoc in nature. Such agreements can be concluded between the Court and a state to enforce the sentence of one convicted individual.
StateAdoptionEntry into forcePerson
transferred
Text
Germain Katanga
Thomas Lubanga Dyilo

States accepting sentenced persons by declaration and under certain circumstances

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.
StateDateConditions on personsConditions on sentencesPersons
transferred
Nationals onlyCannot exceed national maximum
Nationals and residents only
Nationals onlyCannot exceed national maximum
Nationals and residents only
Nationals only
Nationals and residents only
Cannot exceed national maximum
Nationals and residents only