Part VI – Enforcement of Penalties
Enforcement of ICC Sentences in Uganda
68. Request for sentence to be served in Uganda.
(1) Where –
(a) the Minister has issued a notification under section 67 and has not withdrawn that notification and the ICC imposes a sentence of imprisonment under the Statute on a person –
(i) convicted of a crime; or
(ii) convicted of an offence against the administration of justice; and
(b) the ICC designates Uganda, under article 103 of the Statute, as the State in which the sentence is to be served,
the Minister shall consider whether to accept the designation.
(2) The Minister may accept the designation of Uganda as the State in which the sentence is to be served if the Minister is satisfied that ICC has agreed to the conditions specified in the notification specified under section 67, and in the case of a prisoner who is not a Uganda citizen, the Minister responsible for internal affairs has consented to the sentence being served in Uganda.
Part III – General Provisions Relating to Requests for Assistance
24. Response to be sent to ICC.
(1) The Minister shall notify the ICC, without delay, or his or her response to a request for assistance and of the outcome of any action that has been taken in relation to it.
(2)If the Minister decides, in accordance with the Statute and this Act, to refuse or postpone the assistance request, in whole or in part, the notification to the ICC shall set out the reasons for the decision.
(3) If the request for assistance cannot be executed for any other reason, the notification to the ICC shall set out the reasons for the inability or failure to execute the request.
(4)In the case of an urgent request for assistance, any documents or evidence produced in response shall, at the request of the ICC, be sent urgently to it.
(5)Documents or evidence provided or produced in response to a request for assistance from the ICC must be transmitted to the ICC in their original language and form.
(6) If the Minister is of the opinion that the circumstances set out in article 98 of the Statute apply to a request for provisional arrest, arrest and surrender or other assistance, he or she shall consult with the ICC and request a determination as to whether article 98 applies.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.