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."[1] 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

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Several states have entered into general agreements to enforce sentences imposed by the Court.

State Adoption Entry into force Persons
transferred 		Ref.
 Argentina 18 April 2017 18 April 2017 — [2]
 Austria 27 October 2005 26 November 2005 — [3]
 Belgium 8 December 2014 8 December 2014 1 [4]
 Colombia 17 May 2011 29 November 2021 — [5]
 Denmark 1 June 2010 5 July 2012 — [6]
 Finland 1 June 2010 24 April 2011 — [7]
 France 11 October 2021 17 July 2023 — [8]
 Georgia 24 January 2019 24 January 2019 — [9]
 Mali 13 January 2012 13 January 2012 — [10]
 Norway 7 July 2016 6 August 2016 1 [11]
 Serbia 20 January 2011 28 May 2011 — [12]
 Slovenia 7 December 2018 1 April 2022 — [13]
 Spain 8 December 2022 — — [14]
 Sweden 26 April 2017 26 April 2017 — [15]
 United Kingdom 8 November 2007 8 December 2007 1 [16]

Persons transferred pursuant to an agreement

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Person State Custody began Custody ended (reason) Ref(s).
Ahmad al-Mahdi  United Kingdom 29 August 2018 18 September 2022 (completed sentence) [17][18]
Bosco Ntaganda  Belgium 14 December 2022 In detention [19]
Dominic Ongwen  Norway 18 December 2023 In detention [20]

Ad hoc agreements

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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.

State Adoption Entry into force Person Custody began Custody ended (reason) Ref(s).
 Congo, Democratic Republic of the 24 November 2015 24 November 2015 Germain Katanga 19 December 2015 18 January 2016 (completed commuted sentence) [21][22][23]
 Congo, Democratic Republic of the 24 November 2015 24 November 2015 Thomas Lubanga Dyilo 19 December 2015 15 March 2020 (completed sentence) [24][22][25]

States accepting sentenced persons by declaration and under certain circumstances

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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.[26]

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

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  1. ^ Article 103 of the Rome Statute of the International Criminal Court.
  2. ^ "Agreement between the Argentine Republic and the International Criminal Court on the enforcement of sentences of the International Criminal Court" (PDF). ICC. 2017-04-18. Retrieved 2022-12-11.
  3. ^ "Agreement between the International Criminal Court and the Federal Government of Austria on the Enforcement of Sentences of the International Criminal Court" (PDF). ICC. 2005-11-26. Retrieved 2022-12-11.
  4. ^ "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). ICC. 2014-12-08. Retrieved 2022-12-11.
  5. ^ "Agreement between the Republic of Colombia and the International Criminal Court on the Enforcement of Sentences of the International Criminal Court" (PDF). ICC. 2021-11-29. Retrieved 2022-12-11.
  6. ^ "Agreement between the Kingdom of Denmark and the International Criminal Court on the Enforcement of Sentences of the International Criminal Court" (PDF). 2012-05-07. Retrieved 2022-12-11.
  7. ^ "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). ICC. 2011-04-24. Retrieved 2022-12-11.
  8. ^ "Agreement between the French Republic and the International Criminal Court on the Enforcement of Sentences of the International Criminal Court" (PDF). ICC. 2023-07-17. Retrieved 2023-12-19.
  9. ^ "Agreement between the Government of Georgia and the International Criminal Court on the enforcement of sentences of the International Criminal Court" (PDF). ICC. 2019-01-24. Retrieved 2022-12-11.
  10. ^ "Agreement between the International Criminal Court and the Government of the Republic of Mali on the Enforcement of Sentences of the International Criminal Court" (PDF). ICC. 13 January 2012. Retrieved 2022-12-11.
  11. ^ "Agreement between the Kingdom of Norway and the International Criminal Court on the Enforcement of Sentences of the International Criminal Court" (PDF). ICC. 2016-08-06. Retrieved 2022-12-11.
  12. ^ "Agreement between the Republic of Serbia and the International Criminal Court on the Enforcement of Sentences of the International Criminal Court" (PDF). ICC. 2011-05-28. Retrieved 2022-12-11.
  13. ^ "Agreement between the Republic of Slovenia and the International Criminal Court on the Enforcement of Sentences of the International Criminal Court" (PDF). ICC. 2022-04-01. Retrieved 2022-12-11.
  14. ^ "ICC and Spain conclude Agreement on the Enforcement of Sentences". ICC. 2022-12-08. Retrieved 2022-12-11.
  15. ^ "Agreement between the Government of Sweden and the International Criminal Court on the enforcement of sentences of the International Criminal Court" (PDF). ICC. 2017-04-24. Retrieved 2022-12-11.
  16. ^ "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). ICC. 2007-12-08. Retrieved 2022-12-11.
  17. ^ "Ahmad Al Faqi Al Mahdi transferred to UK prison facility to serve sentence". ICC. 2019-05-03. Retrieved 2022-12-15.
  18. ^ Maiga, Amarana (2022-09-20). "Mali : la CPI libère Ahmad Alfaqi présumé " terroriste " d'Al Qaeda" (in French). Anadolu Agency. Retrieved 2022-12-15.
  19. ^ "Bosco Ntaganda transferred to a Belgian prison facility to serve sentence". ICC. 2022-12-14. Retrieved 2022-12-15.
  20. ^ "Dominic Ongwen transferred to Norway to serve his sentence of imprisonment". ICC. 2023-12-18. Retrieved 2023-12-19.
  21. ^ "Ad Hoc Agreement between the Government of the Democratic Republic of the Congo and the International Criminal Court on Enforcement of the Sentence of the International Criminal Court Imposed on Mr Germain Katanga" (PDF). ICC. 2015-11-24. Retrieved 2022-12-10.
  22. ^ a b "Thomas Lubanga Dyilo and Germain Katanga transferred to the DRC to serve their sentences of imprisonment". ICC. 2015-12-19. Retrieved 2023-12-21.
  23. ^ "ICC-01/04/01/07: The Prosecutor v. Germain Katanga Decision on the review concerning reduction of sentence of Mr. Germain Katanga" (PDF). ICC. 2015-11-13. Retrieved 2023-12-21.
  24. ^ "Ad Hoc Agreement between the Government of the Democratic Republic of the Congo and the International Criminal Court on Enforcement of the Sentence of the International Criminal Court Imposed on Mr Thomas Lubanga Dyilo" (PDF). ICC. 2015-11-24. Retrieved 2022-12-10.
  25. ^ Tshiamala, Stanis Bujakera (2020-03-17). "DRC: Former warlord Thomas Lubanga freed after serving 14-year sentence". The Africa Report. Retrieved 2023-12-21.
  26. ^ "Chapter XVIII Penal Matters: 10. Rome Statute of the International Criminal Court". United Nations Treaty Collection. 2016-07-10. Archived from the original on 2011-06-04. Retrieved 2016-07-10.


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