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Rome Statute of the International Criminal Court
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.
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