CHAPTER V: ENFORCEMENT OF PENALTIES OF THE COURT
SECTION I: SENTENCING DECISIONS
Art. 53 Conditions
1 Upon the request of the Court, Switzerland may accept the enforcement of a final and executable sentencing decision, if:
a. the convicted person is a Swiss citizen; or
b. if the person’s usual residence is in Switzerland.
2 Fines may also be executed if the convicted person’s usual residence is outside of Switzerland, but the person has assets in Switzerland.
Art. 54 Decision on the request of the Court for executing a sentence of imprisonment
1 Upon consultation with the authorities to be designated to execute sentences of imprisonment, the Central Authority shall decide on a request of the Court for executing a sentence of imprisonment.
2 If the Central Authority accepts the request, it shall notify the Court and transmit all relevant information regarding the execution of the sentence.
Art. 55 Execution of the sentence of imprisonment
1 Upon acceptance of the request by the Central Authority, the sentence of imprisonment imposed by the Court shall become executable in Switzerland. The sentence shall be binding; only the Court shall have the right to decide on any reduction of the term of imprisonment.
2 The sentence shall be executed in accordance with Swiss law, subject to paragraph 1.
3 Upon the request of the Court, the Central Authority shall transmit all relevant information concerning the execution of the sentence to the Court. The Court may at any time send one of its members to verify the conditions of imprisonment and meet unaccompanied with the convicted person.
4 Communications between the Court and the convicted person shall be confidential.
Art. 56 Requests of the convicted person
If the convicted person submits a request for conditional release, pardon, appeal, or retrial, the request shall be transmitted to the Central Authority. The Central Authority shall immediately forward the request with all useful documentation to the Court.
Art. 57 Costs
1 The Court shall be responsible for transportation costs as well as the costs specified in article 100 paragraph 1 subparagraphs c-e of the Statute.
2 The federal government shall be responsible for the remaining costs of the execution of sentences. The costs of detention shall be calculated on the basis of the rates for enforcement agreed upon between the Court and the host State in accordance with article 103 paragraph 4 of the Statute.
SECTION II: ORDERS AND FORFEITURE
Article 41 shall apply by analogy to the enforcement of orders of forfeiture, if the Court has already decided on the disposition of objects or assets in accordance with article 75 or 79 of the Statute and if the Court asks Switzerland for enforcement.
(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.
(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.