Conditions attached to the willingness to accept sentenced persons

Commonwealth of Australia

Australia - ICC Act 2002 (2016)

An Act to facilitate compliance by Australia with obligations under the Rome Statute of the International Criminal Court, and for related purposes

Part 12—Enforcement in Australia of sentences imposed by ICC

160 Australia may agree to act as State of enforcement

(2) The enforcement conditions that may be imposed include, but are not limited to:

a condition that, unless the Attorney-General determines that it is not necessary in a particular case, the ICC prisoner or his or her representative has consented in writing to the sentence being served in Australia; and

a condition that the appropriate Ministerial consent has been given to the sentence being served in Australia; and

a condition that any appeal or application for revision in respect of the sentence or in respect of the conviction on which it is based has been heard and determined or the period for bringing such an appeal or application has expired; and

a condition that:

on the day of receipt by Australia of the relevant designation under article 103 of the Statute, at least 6 months of the ICC prisoner’s sentence remains to be served; or

if a shorter period remains to be served on that day, the Attorney-General has determined that, in the circumstances, transfer of the ICC prisoner to Australia for a shorter period is acceptable.

(3) The Attorney-General may, at any time, notify the ICC that Australia withdraws a condition specified in the instrument of notification referred to in subsection (1).

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(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.