Obligations of host State

Kingdom of The Netherlands

International Criminal Court Implementation Act 2002

CHAPTER 1. GENERAL PROVISIONS
Section 7
6. If Our Minister or the authorities designated by him consider that a request for the assistance of the host State cannot be granted, he shall immediately consult with the ICC in accordance with the headquarters agreement referred to in article 3, paragraph 2 of the Statute and the regulations and agreements based on it, in order to resolve the matter.

CHAPTER 5. ASSISTANCE PROVIDED BY THE HOST STATE
Section 85
1. The transit of persons who are surrendered as suspects by the authorities of a foreign State to the ICC shall be effected on the authority of the ICC by Dutch officials designated by Our Minister and under their security.
2. The transit of other persons who are brought or come to the Netherlands at the request of the ICC shall be effected on the authority of the ICC by Dutch officials designated by Our Minister and under their guard.
3. Transportation within the Netherlands outside the areas under the authority of the ICC of persons deprived of their liberty by order of the ICC shall be effected on the authority of the ICC by Dutch officials designated by Our Minister and under their guard.
4. The officials referred to in this section shall be competent to take all measures necessary to ensure the safety of the persons concerned and to prevent them from absconding.

Section 86
1.The transit of persons who are transferred by the ICC to the authorities of a foreign State shall be effected on the authority of the ICC by Dutch officials designated by Our Minister and under their guard.
2. The officials referred to in this section shall be competent to take all measures necessary to ensure the safety of the persons concerned and to prevent them from absconding.

Section 87
1. If witnesses, experts, victims or other persons who should be present at the seat of the ICC, no matter what their nationality, come to the Netherlands in response to a summons or subpoena or a warrant to bring them before the ICC or in response to a request of the ICC to the Netherlands for admission in accordance with the conditions in the headquarters agreement referred to in article 3, paragraph 2 of the Statute, they may not be prosecuted, arrested or subjected to any other measure that restricts their liberty in the Netherlands for offences or convictions that preceded their arrival in the Netherlands.
2. The immunity referred to in subsection 1 shall cease to apply if the person concerned, although he had the opportunity to leave the Netherlands, for fifteen successive days after the date on which his presence was no longer required by the ICC has remained in the Netherlands or has returned to the Netherlands within that period.

Section 88
Dutch law does not apply to deprivation of liberty by order of the ICC and effected in premises made available to the ICC in the Netherlands.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

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.