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.
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] |
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] |
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] |
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 | — | — |