Willingness to accept sentenced persons


International Criminal Court Implementation Act 2002

§ 1. General
Section 55
Sentences imposed by the ICC by final decision may be enforced in the Netherlands at the request of the ICC and having regard to the provisions of this chapter.

§ 3. Enforcement of sentences of imprisonment
Section 66
§ 3 of this chapter applies to a request of the ICC to enforce a sentence of imprisonment it has imposed:
(a) if the Netherlands has indicated its willingness to accept sentenced persons and the ICC designates the Netherlands in accordance with article 103, paragraph 1 (a), of the Statute;
(b) if the Netherlands is obliged, as host State, to enforce the sentence of imprisonment in accordance with article 103, paragraph 4, of the Statute.

Section 67
1. In the case referred to in section 66 (a), Our Minister shall decide whether the designation by the ICC is accepted.
2. Article 10 of the Criminal Code shall not apply to a decision of Our Minister as referred to in subsection 1.
3. Our Minister shall notify the ICC as soon as possible of his decision.
4. The enforcement shall be carried out by Our Minister on the recommendation of the public prosecutor at The Hague District Court.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment


(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.