On 3 December 2024, the International Criminal Court ("ICC" or "Court") and the Government of the Republic of Poland have concluded an Agreement on the Enforcement of Sentences.
The President of the Court, Judge Tomoko Akane, and Ms Maria Ejchart, Undersecretary of State in the Ministry of Justice of the Republic of Poland, signed the agreement during a plenary session at the twenty-third meeting of the Court's Assembly of States Parties in The Hague. Under the agreement, persons convicted by the ICC may serve sentences of imprisonment in Poland if so decided by the Court and accepted by the Government of Poland.
Emphasising that the enforcement of sentences is a crucial element of a well-functioning and complete criminal justice system, President Tomoko Akane thanked Poland for its unwavering support and stated: "Through today's signature of an enforcement agreement with the Court, Poland demonstrates once more its strong commitment to international criminal justice and to enabling the proper functioning of the Court in all its aspects. Such voluntary cooperation is all the more important in challenging times and as we see more cases reaching the enforcement stage." She also expressed hope that other States Parties will follow the example of Poland and show their support to the work of the Court by signing an agreement on the enforcement of sentences.
Undersecretary of State Maria Ejchart said that: "We do want the conclusion of this agreement to indicate that the Republic of Poland fulfills its international obligations, particularly in the area of prosecuting and punishing international crimes. Let it also be tangible proof of the steadfast support of Poland extended to the Court and the Rome Statute system. By entering into this agreement, Poland demonstrates its unwavering commitment to ensuring the proper functioning of the Court."
The Rome Statute, the Court's founding treaty, provides that sentences of imprisonment imposed by the ICC "shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons".
Similar agreements on the enforcement of sentences are currently in force between the ICC and Argentina, Austria, Belgium, Colombia, Denmark, Finland, France, Georgia, Mali, Norway, Serbia, Slovenia, Sweden and the United Kingdom of Great Britain and Northern Ireland.
