National procedures re enforcement of sentences imposed

Bosnia and Herzegovina

Bosnia and Herzegovina - Law on Implementation of the Rome Statute of the International Criminal Court and Cooperation with the International Criminal Court 2009 EN

PART SIX – ENFORCEMENT OF SENTENCES AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT
Article 35
(Enforcement of the Sentence and other Decisions of the International Criminal Court)
(1) Bosnia and Herzegovina shall execute the sentence and other decisions of the International Criminal Court by applying the Rome Statute and other regulations of the International Criminal Court, including relevant provisions of domestic legislation.
(2) Bosnia and Herzegovina shall inform the International Criminal Court without delay of actual or legal grounds rendering impossible or restricting the execution of verdicts or some other decisions and consult with the Court on the manner for further actions.

PART SIX – ENFORCEMENT OF SENTENCES AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT

Article 36
(Admission of Convicted Persons)
Bosnia and Herzegovina shall admit the persons convicted before the International Criminal Court in accordance with the agreement which is to be concluded for each individual case.

Rome Statute

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.