§ 2. Upon request from the International Criminal Court, the Minister for Justice decides whether persons, against whom the Court has instituted criminal prosecution, should be extradited.
Paragraph 2. Furthermore, upon request, the Minister for Justice decides on extradition in order to enforce the sentences of the Court.
§ 3. The Minister for Justice may decide whether penalties imposed by the International Criminal Court should be enforced in this country in accordance with the provisions of Part 10 in the Statute.
Paragraph 2. The enforcement shall, if at all possible, take place under Danish law and should not aggravate the penal situation of the convicted.
Paragraph 3. The decision of the Minister for Justice is presented to a court
for its approval. The decision of the court is taken by judgement. The provisions of the Danish Administration of Justice Act on extra-judicial settlement of a fine or confiscation is likewise applicable.
Paragraph 4. In this country, penalty of a fine, which has been determined by the International Criminal Court, cannot be replaced by penalty of imprisonment.
Paragraph 5. The Minister for Justice may recover a compensation for reparations, on behalf of victims, as determined by the International Criminal Court under Article 75 of the Statute by statutory debt collection and by withholding part of the person’s income according to the provisions on collecting personal taxes under the Tax of Source Act and the provisions of the Act on the Central Register for Retention of Salaries and Wages. Furthermore, the rules on recovery of fines are likewise applicable.
Paragraph 6. The Minister for Justice may lay down more detailed rules on enforcement in this country of penalties imposed by the International Criminal Court; including entering into an agreement with the Court.
(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.
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.