International Criminal Court uses Article 103

icc-international-criminal-court-e1380036012824The International Criminal Court has designated the Democratic Republic of the Congo (DRC) as the state to imprison Thomas Lubanga Dyilo and Germain Katanga, convicted of crimes under the Rome Statute in 2012 and 2014 respectively. Both Katanga and Dyilo have been convicted of war crimes and other offences, including crimes against humanity.

The two were transferred to the custody of the DRC this week. The ICC Presidency “noted that the enforcement of the sentences of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international standards governing the treatment of prisoners.”

The transfer marks the Court’s first use of Article 103 of the Rome Statute, which allows the court to designate the state of enforcement for sentences of imprisonment.

The court is criticised for its slow process and has disappointed many who hoped it would embody a new force in international criminal law, following the decentralised tribunals for Rwanda and Yugoslavia. , using further powers granted by the Assembly of State Parties to the Rome Statute.

The transfer follows close on the heels of South Africa’s ruling party, the ANC, announcing its resolve to withdraw from the court, saying the court has “lost its direction”.




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