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Enforcement

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Chapter Summary

The enforcement of a sentence of imprisonment by state parties to the Rome Statute is generally voluntary. Therefore, there is much room for adjustment of the national legislation of state parties. According to Article 106 of the Statute, enforcement of sentences and the conditions of imprisonment are to be supervised by the International Criminal Court (ICC). The Court may reduce sentences, thus avoiding the possibility of unequal sentence terms for prisoners. A sentenced person may apply to the Court to be "transferred from the State of enforcement". Such a request can be filed by the Prosecutor and the Court may proprio motu decide to transfer the person. Reparations to victims are provided by Article 75 and to be decided upon by the Court in light of Rules 94 to 98. The Court may make an order directly against a convicted person for reparations to victims "including restitution, compensation and rehabilitation".

Keywords: enforcement of sentences; International Criminal Court (ICC); Rome Statute

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