Section 42p. 42

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

2. The provisions of paragraph 1 shall, as appropriate,

apply to requests from States Parties to the Court. In that

case, the Court shall bear the ordinary costs of execution.

ARTICLE 101

Rule of speciality

1. A person surrendered to the Court under this Statute

shall not be proceeded against, punished or detained for

any conduct committed prior to surrender, other than the

conduct or course of conduct which forms the basis of

the crimes for which that person has been surrendered.

2. The Court may request a waiver of the requirements of

paragraph 1 from the State which surrendered the person

to the Court and, if necessary, the Court shall provide

additional

information

in accordance with article 91.

States Parties shall have the authority to provide a waiver

to the Court and should endeavour to do so.

ARTICLE 102

Use of terms

For the purposes of this Statute:

(a) "surrender" means the delivering up of a person by a

State to the Court, pursuant to this Statute.

(b) "extradition" means the delivering up of a person by

one State to another as provided by treaty, convention or

national legislation.

PART 10. ENFORCEMENT

ARTICLE 103

Role of States in enforcement of

sentences of imprisonment

1. (a) 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.

(b) At the time of declaring its willingness to accept

sentenced persons, a State may attach conditions to its

acceptance as agreed by the Court and in accordance

with this Part.

(c) A State designated in a particular case shall promptly

inform

the

Court

whether

it

accepts

the

Court's

designation.

2. (a) The State of enforcement shall notify the Court of

any

circumstances,

including

the

exercise

of

any

conditions

agreed

under

paragraph

1,

which

could

materially affect the terms or extent of the imprisonment.

The Court shall be given at least 45 days' notice of any

such known or foreseeable circumstances. During this

period, the State of enforcement shall take no action that

might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances

referred to in subparagraph (a), it shall notify the State of

enforcement and proceed in accordance with article 104,

paragraph 1.

3. In exercising its discretion to make a designation under

paragraph

1,

the

Court

shall take into account the

following:

(a) The principle that States Parties should share the

responsibility for enforcing sentences of imprisonment, in

accordance with principles of equitable distribution, as

provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty

standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the

crime

or

the

person

sentenced,

or

the

effective

enforcement of the sentence, as may be appropriate in

designating the State of enforcement.

4. If no State is designated under paragraph 1, the

sentence of imprisonment shall be served in a prison

facility made available by the host State, in accordance

with

the

conditions

set

out

in

the

headquarters

agreement referred to in article 3, paragraph 2. In such a

case, the costs arising out of the enforcement of a

sentence of imprisonment shall be borne by the Court.

ARTICLE 104

Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a

sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the

Court to be transferred from the State of enforcement.

ARTICLE 105

Enforcement of the sentence

1. Subject to conditions which a State may have specified

in

accordance with article 103, paragraph 1 (b), the

sentence of imprisonment shall be binding on the States

Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any

application

for

appeal

and

revision.

The

State

of

enforcement shall not impede the making of any such

application by a sentenced person.

ARTICLE 106

Supervision of enforcement of sentences and

conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall

be subject to the supervision of the Court and shall be

consistent

with

widely

accepted

international

treaty

standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by

the

law

of

the

State

of enforcement and shall be

consistent

with

widely

accepted

international

treaty

standards governing treatment of prisoners; in no case

shall such conditions be more or less favourable than

those available to prisoners convicted of similar offences

in the State of enforcement.

3. Communications between a sentenced person and the

Court shall be unimpeded and confidential.

ARTICLE 107

Transfer of the person upon completion of sentence

1. Following completion of the sentence, a person who is

not a national of the State of enforcement may, in

accordance with the law of the State of enforcement, be

transferred to a State which is obliged to receive him or

her, or to another State which agrees to receive him or

her, taking into account any wishes of the person to be

transferred to that State, unless the State of enforcement

authorizes the person to remain in its territory.

2. If no State bears the costs arising out of transferring the

person to another State pursuant to paragraph 1, such

costs shall be borne by the Court.

3. Subject to the provisions of article 108, the State of

enforcement may also, in accordance with its national

law, extradite or otherwise surrender the person to a State

which has requested the extradition or surrender of the

person for purposes of trial or enforcement of a sentence.

ARTICLE 108

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