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.

As of August 2015, two persons have been convicted and sentenced by the Court. Both decisions are final; both persons are still in the custody of the Court. Thomas Lubanga is to be released no later than 2020, Germain Katanga between September 2015 and 2019. It has not yet been publicly determined in which country either of them will serve his sentence.

States with an Agreement with the Court

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

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

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" (PDF). 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.