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Part 10 Enforcement: Exécution, Art.111 Escape/Évasion

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, 2021. All Rights Reserved.date: 25 January 2021

Subject(s):
Elements of crimes — International criminal law, victims — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 111 of the Rome Statute of the International Criminal Court. Article 111 sets out measures in the event of escape of a convicted person. The Rome Statute combines ‘horizontal’ and ‘vertical’ approaches to State cooperation, allowing either the State of enforcement or the Court itself to intervene, depending on the circumstances. The Court may choose to return the escaped prisoner to the original State of enforcement, or to change the State of enforcement. Given the Court's authority to oversee and review enforcement in a general sense, even if this provision were not included in the Statute the consequences of escape would probably be the same.

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