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Part 10 Enforcement: Exécution, Art.104 Change in designation of State of enforcement/Modification de la désignation de l’état chargé de l’exécution

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 June 2024

Elements of crimes — International criminal law, conduct of proceedings — Evidence — Judgments

This chapter comments on Article 104 of the Rome Statute of the International Criminal Court. Article 104 allows the Court to retain control over the detention of convicted prisoners by changing the State of detention. It establishes that the Court may transfer a sentenced person, and makes specific allowance for this being done at the request of the prisoner. Change in the State of enforcement may come at the initiative of the Presidency, acting on its own initiative, or on application by the sentenced person or the Prosecutor. The Statute and the Rules of Procedure and Evidence are silent as to whether the State of enforcement may request the transfer. The State of enforcement may not withdraw its consent when the sentence is being served, but there seems no good reason to deny it the possibility of requesting a change.

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