Section 43p. 43

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Limitation on the prosecution or punishment of other

offences

1. A sentenced person in the custody of the State of

enforcement

shall not be subject to prosecution or

punishment or to extradition to a third State for any

conduct engaged in prior to that person's delivery to the

State

of

enforcement,

unless

such

prosecution,

punishment or extradition has been approved by the

Court at the request of the State of enforcement.

2. The Court shall decide the matter after having heard

the views of the sentenced person.

3. Paragraph 1 shall cease to apply if the sentenced person

remains voluntarily for more than 30 days in the territory

of the State of enforcement after having served the full

sentence imposed by the Court, or returns to the territory

of that State after having left it.

ARTICLE 109

Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures

ordered by the Court under Part 7, without prejudice to

the rights of bona fide third parties, and in accordance

with the procedure of their national law.

2. If a State Party is unable to give effect to an order for

forfeiture, it shall take measures to recover the value of

the proceeds, property or assets ordered by the Court to

be forfeited, without prejudice to the rights of bona fide

third parties.

3. Property, or the proceeds of the sale of real property or,

where appropriate, the sale of other property, which is

obtained by a State Party as a result of its enforcement of

a judgement of the Court shall be transferred to the

Court.

ARTICLE 110

Review by the Court concerning reduction of sentence

1. The State of enforcement shall not release the person

before expiry of the sentence pronounced by the Court.

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

reduction of sentence, and shall rule on the matter after

having heard the person.

3. When the person has served two thirds of the sentence,

or 25 years in the case of life imprisonment, the Court

shall review the sentence to determine whether it should

be reduced. Such a review shall not be conducted before

that time.

4. In its review under paragraph 3, the Court may reduce

the sentence if it finds that one or more of the following

factors are present:

(a) The early and continuing willingness of the person to

cooperate

with

the

Court

in

its

investigations

and

prosecutions;

(b) The voluntary assistance of the person in enabling the

enforcement of the judgements and orders of the Court

in other cases, and in particular providing assistance in

locating assets subject to orders of fine, forfeiture or

reparation which may be used for the benefit of victims;

or

(c) Other factors establishing a clear and significant

change

of

circumstances

sufficient

to

justify

the

reduction

of

sentence,

as

provided in the Rules of

Procedure and Evidence.

5. If the Court determines in its initial review under

paragraph 3 that it is not appropriate to reduce the

sentence,

it

shall

thereafter

review

the

question of

reduction of sentence at such intervals and applying such

criteria as provided for in the Rules of Procedure and

Evidence.

ARTICLE 111

Escape

If a convicted person escapes from custody and flees the

State of enforcement, that State may, after consultation

with the Court, request the person's surrender from the

State in which the person is located pursuant to existing

bilateral or multilateral arrangements, or may request

that the Court seek the person's surrender, in accordance

with Part 9. It may direct that the person be delivered to

the State in which he or she was serving the sentence or

to another State designated by the Court.

PART 11. ASSEMBLY OF STATES PARTIES

ARTICLE 112

Assembly of States Parties

1. An Assembly of States Parties to this Statute is hereby

established.

Each

State

Party

shall

have

one

representative

in

the

Assembly

who

may

be

accompanied by alternates and advisers. Other States

which have signed this Statute or the Final Act may be

observers in the Assembly.

2. The Assembly shall:

(a) Consider and adopt, as appropriate, recommendations

of the Preparatory Commission;

(b) Provide management oversight to the Presidency, the

Prosecutor

and

the

Registrar

regarding

the

administration of the Court;

(c) Consider the reports and activities of the Bureau

established under paragraph 3 and take appropriate

action in regard thereto;

(d) Consider and decide the budget for the Court;

(e) Decide whether to alter, in accordance with article 36,

the number of judges;

(f) Consider pursuant to article 87, paragraphs 5 and 7, any

question relating to non-cooperation;

(g)

Perform

any other function consistent with this

Statute or the Rules of Procedure and Evidence.

3. (a) The Assembly shall have a Bureau consisting of a

President, two Vice-Presidents and 18 members elected

by the Assembly for three-year terms.

(b) The Bureau shall have a representative character,

taking into account, in particular, equitable geographical

distribution

and the adequate representation of the

principal legal systems of the world.

(c) The Bureau shall meet as often as necessary, but at

least once a year. It shall assist the Assembly in the

discharge of its responsibilities.

4. The Assembly may establish such subsidiary bodies as

may be necessary, including an independent oversight

mechanism for inspection, evaluation and investigation

of the Court, in order to enhance its efficiency and

economy.

5. The President of the Court, the Prosecutor and the

Registrar or their representatives may participate, as

appropriate, in meetings of the Assembly and of the

Bureau.

6. The Assembly shall meet at the seat of the Court or at

the Headquarters of the United Nations once a year and,

when circumstances so require, hold special sessions.

Except as otherwise specified in this Statute, special

sessions shall be convened by the Bureau on its own

initiative or at the request of one third of the States

Parties.

© Compiled by RGL

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