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.

Contents

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.
Flag of Argentina.svg  Argentina 18 April 201718 April 2017 [2]
Flag of Austria.svg  Austria 27 October 200526 November 2005 [3]
Flag of Belgium (civil).svg  Belgium 8 December 20148 December 20141 [4]
Flag of Colombia.svg  Colombia 17 May 201129 November 2021 [5]
Flag of Denmark.svg  Denmark 1 June 20105 July 2012 [6]
Flag of Finland.svg  Finland 1 June 201024 April 2011 [7]
Flag of France.svg  France 11 October 202117 July 2023 [8]
Flag of Georgia.svg  Georgia 24 January 201924 January 2019 [9]
Flag of Latvia.svg  Latvia 28 March 2025 [10]
Flag of Mali.svg  Mali 13 January 201213 January 2012 [11]
Flag of Norway.svg  Norway 7 July 20166 August 20161 [12]
Flag of Poland.svg  Poland 3 December 2024 [13]
Flag of Serbia.svg  Serbia 20 January 201128 May 2011 [14]
Flag of Slovenia.svg  Slovenia 7 December 20181 April 2022 [15]
Flag of Spain.svg  Spain 8 December 2022 [16]
Flag of Sweden.svg  Sweden 26 April 201726 April 2017 [17]
Flag of the United Kingdom.svg  United Kingdom 8 November 20078 December 20071 [18]

Persons transferred pursuant to an agreement

PersonStateCustody beganCustody ended (reason)Ref(s).
Ahmad al-Mahdi Flag of the United Kingdom.svg  United Kingdom 29 August 201818 September 2022 (completed sentence) [19] [20]
Bosco Ntaganda Flag of Belgium (civil).svg  Belgium 14 December 2022In detention [21]
Dominic Ongwen Flag of Norway.svg  Norway 18 December 2023In detention [22]

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 forcePersonCustody beganCustody ended (reason)Ref(s).
Flag of the Democratic Republic of the Congo.svg  Congo, Democratic Republic of the 24 November 201524 November 2015 Germain Katanga 19 December 201518 January 2016 (completed commuted sentence) [23] [24] [25]
Flag of the Democratic Republic of the Congo.svg  Congo, Democratic Republic of the 24 November 201524 November 2015 Thomas Lubanga Dyilo 19 December 201515 March 2020 (completed sentence) [26] [24] [27]

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. [28]

StateDateConditions on personsConditions on sentencesPersons
transferred
Flag of Andorra.svg  Andorra 20 April 2001Nationals onlyCannot exceed national maximum
Flag of the Czech Republic.svg  Czech Republic 21 July 2009Nationals and residents only
Flag of Honduras (2022-).svg  Honduras 13 July 2004Nationals onlyCannot exceed national maximum
Flag of Liechtenstein.svg  Liechtenstein 2 October 2001Nationals and residents only
Flag of Lithuania.svg  Lithuania 12 May 2003Nationals only
Flag of Slovakia.svg  Slovakia 11 April 2002Nationals and residents only
Flag of Spain.svg  Spain 24 October 2000Cannot exceed national maximum
Flag of Switzerland (Pantone).svg   Switzerland 12 October 2001Nationals and residents only

References

  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. "ICC and Latvia conclude Agreement on the Enforcement of Sentences". ICC. 2025-03-28. Retrieved 2025-03-29.
  11. "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.
  12. "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.
  13. "ICC and Poland conclude Agreement on the Enforcement of Sentences". ICC. 2024-12-03. Retrieved 2024-12-05.
  14. "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.
  15. "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.
  16. "ICC and Spain conclude Agreement on the Enforcement of Sentences". ICC. 2022-12-08. Retrieved 2022-12-11.
  17. "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.
  18. "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.
  19. "Ahmad Al Faqi Al Mahdi transferred to UK prison facility to serve sentence". ICC. 2019-05-03. Retrieved 2022-12-15.
  20. Maiga, Amarana (2022-09-20). "Mali : la CPI libère Ahmad Alfaqi présumé " terroriste " d'Al Qaeda" (in French). Anadolu Agency . Retrieved 2022-12-15.
  21. "Bosco Ntaganda transferred to a Belgian prison facility to serve sentence". ICC. 2022-12-14. Retrieved 2022-12-15.
  22. "Dominic Ongwen transferred to Norway to serve his sentence of imprisonment". ICC. 2023-12-18. Retrieved 2023-12-19.
  23. "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.
  24. 1 2 "Thomas Lubanga Dyilo and Germain Katanga transferred to the DRC to serve their sentences of imprisonment". ICC. 2015-12-19. Retrieved 2023-12-21.
  25. "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.
  26. "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.
  27. Tshiamala, Stanis Bujakera (2020-03-17). "DRC: Former warlord Thomas Lubanga freed after serving 14-year sentence". The Africa Report . Retrieved 2023-12-21.
  28. "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.