Chapter 12. Enforcement

• Author: International Criminal Court
• Pages: 79-87

79

Rules of Procedure and Evidence

Chapter 12.

Enforcement

Section I. Role of States in enforcement of sentences of imprisonment

and change in designation of State of enforcement under

articles 103 and 104

Rule 198

Communications between the Court and States

Unless the context ot herwise r equires, ar ticle 87 and ru les 176 to 180 shall apply, as

appropriate, to communicat ions between t he Court and a State on mat ters relating to

enforcement of sentences.

Rule 199

Organ responsible under Part 10

Unless provided ot herwise i n the Rules, the f unctions of the C ourt under Par t 10 shall be

exercised by the P residency.

Rule 200

List of States of enforcement

1. A list of States that have indicated their willingness to accept sentenced persons shall be

established and maintained by the Registrar.

2. The Presidency shall not include a State on the list provided for in article 103, paragraph

1 (a), if it does not agree with the conditions that such a State attaches to its acceptance.

The Presidency may request any additional information from that State prior to taking a

decision.

3. A State that has attached conditions of acceptance may at any time withdraw such

conditions. Any amendments or additions to such conditions shall be subject to

conf‌irmation by the Presidency.

4. A State may at any time inform the Registrar of its withdrawal from the list. Such

withdrawal shall not affect the enforcement of the sentences in respect of persons that

the State has already accepted.

5. The Court may enter bilateral arrangements with States with a view to establishing a

framework for the acceptance of prisoners sentenced by the Court. Such arrangements

shall be consistent with the Statute.

Rule 201

Principles of equitable distribution

Principles of equ itable distribution for pur poses of article 103, parag raph 3, shall include:

(a) The principle of equitable geographical distribution;

(b) The need to afford each State on the list an opportunity to receive sentenced

persons;