Rome Statute of the International Criminal Court
Article 105
Enforcement of the sentence
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.
Article 106
Supervision of enforcement of sentences and conditions of imprisonment
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.
Article 107
Transfer of the person upon completion of sentence
1.
Following completion of the sentence, a person who is not a national of the State
of enforcement may, in accordance with the law of the State of enforcement, be
transferred to a State which is obliged to receive him or her, or to another State
which agrees to receive him or her, taking into account any wishes of the person to
be transferred to that State, unless the State of enforcement authorizes the person to
remain in its territory.
2.
If no State bears the costs arising out of transferring the person to another State
pursuant to paragraph 1, such costs shall be borne by the Court.
3.
Subject to the provisions of article 108, the State of enforcement may also, in
accordance with its national law, extradite or otherwise surrender the person to a
State which has requested the extradition or surrender of the person for purposes of
trial or enforcement of a sentence.
Article 108
Limitation on the prosecution or punishment of other offences
1.
A sentenced person in the custody of the State of enforcement shall not be subject to
prosecution or punishment or to extradition to a third State for any conduct engaged
in prior to that person's delivery to the State of enforcement, unless such prosecution,
punishment or extradition has been approved by the Court at the request of the State
of enforcement.
2.
The Court shall decide the matter after having heard the views of the sentenced
person.
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