Law-ref.org Rome Statute of the International Criminal Court
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custody [Global Index]


ARTICLE-7: Crimes against humanity     [go to this ARTICLE]
... (e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; ...


ARTICLE-73: Third-party information or documents     [go to this ARTICLE]
... If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator. ...


ARTICLE-81: Appeal against decision of acquittal or conviction or against sentence     [go to this ARTICLE]
... (a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal; ...
... (b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below; ...


ARTICLE-89: Surrender of persons to the Court     [go to this ARTICLE]
... (c) A person being transported shall be detained in custody during the period of transit; ...


ARTICLE-92: Provisional arrest     [go to this ARTICLE]
... 3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible. ...
... 4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date. ...


ARTICLE-93: Other forms of cooperation     [go to this ARTICLE]
... (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled: ...
... (b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State. ...


... (a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody; ...


ARTICLE-108: Limitation on the prosecution or punishment of other offences     [go to this ARTICLE]
... 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. ...


... If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court. ...