- Elements of crimes — International criminal law, victims — International criminal law, conduct of proceedings — Evidence — Judgments
This chapter comments on Article 108 of the Rome Statute of the International Criminal Court. Article 108 prohibits the prosecution, punishment, or extradition of a sentenced person to a third State for conduct engaged in prior to the person's delivery to the State of enforcement. However, the Court is allowed to dispense with this requirement if it is so requested by the State of enforcement. When the State of enforcement wishes to prosecute or enforce a sentence against a sentenced person for any conduct engaged in prior to that person's transfer, it shall notify its intention to the Presidency and transmit the relevant documents. In the event of a request for extradition made by another State, the State of enforcement shall transmit the entire request to the Presidency with a protocol containing the views of the sentenced person obtained after informing the person sufficiently about the extradition request.
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