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Enforcement of Sentences
Enforcement of Sentences
UN Secretary-General Kofi Annan and Mr. Philippe Kirsch, President of the International Criminal Court, signed the Relationship Agreement between the United Nations and the ICC on 4 October 2004, ensuring cooperation between the two international organizations. Credit: UN Photo.
Sentences of imprisonment, in accordance with Chapter X of the Rome Statute, shall be enforced by States which have declared to the Court their willingness to accept sentenced persons. Pursuant to Rule 200 of the Rules of Procedure and Evidence, the Court may enter into bilateral arrangements with States with a view to regulate the acceptance of persons sentenced by the Court.

According to the Statute, the Court, in deciding in which of the consenting States a person should serve its sentence, shall take into consideration circumstances such as the application of standards governing the treatment of prisoners, and the views and nationality of the sentenced person. After the Court has made a decision it shall notify the State with information regarding the prisoner's nationality, his or her medical status, the sentence and the final judgment. The person is then to be delivered to the territory of the State.

In this regard, the Government of Austria signed on 27 October 2005 the first agreement with the ICC on Enforcement of Sentences. Although the Statute itself elaborates on the conditions under which sentences shall be enforced, the Agreement regulates in a more comprehensive manner the same and other related aspects. The United Kingdom was the second country to sign this agreement with the Court on 8 November, 2007.