A person subject to a lawful Court arrest warrant may be arrested and detained by a State Party within its jurisdiction without being transferred to the physical custody of the Court.
A State Party may retain custody of an arrested person for the purposes of investigation, preliminary proceedings, trial, appeal, sentencing, and enforcement of a Court judgment.
Proceedings may be conducted remotely while the accused remains in the custody of the State Party.
The Court may conduct proceedings from or through: a. a police station; b. a prison or other custodial facility; c. a secure government facility; d. a Court facility; e. another secure location authorised by the State Party and the Court; or f. another location approved by the Court where appropriate safeguards exist.
The physical location of an accused person shall not prevent the Court from exercising its judicial authority or conducting a lawful proceeding.
A State Party holding a person in custody shall provide the facilities reasonably necessary for the person to participate in Court proceedings by secure video link, including access to legal representation, interpretation, Court documents, evidence, and confidential communication with their legal representative.
The Court may conduct the entire trial remotely where the Court determines that physical transfer of the accused is unnecessary, impractical, unsafe, or inconsistent with the efficient administration of justice.
Following conviction, a person may remain in the custody of the State Party and serve the sentence imposed by the Court within that State, where the State is legally able and willing to enforce the sentence.
A State Party may enforce Court-imposed imprisonment, fines, confiscation, restitution, forfeiture, property-recovery orders, deportation or removal orders, and other lawful sentences within its territory in accordance with this Treaty and the arrangements established with the Court.
Where a State Party's law permits capital punishment, that State may, where lawfully authorised, enforce a death sentence imposed by the Court.
Where a State Party does not permit a particular sentence, including capital punishment, it may refuse to enforce that particular penalty within its territory or may apply another lawful sentence or enforcement arrangement permitted under this Treaty.
A refusal by a State Party to enforce a particular penalty shall not, by itself, invalidate, cancel, or extinguish the Court's judgment or sentence.
Where enforcement of a particular sentence cannot take place in the State holding the convicted person, the Court may seek the voluntary or treaty-based cooperation of another State Party that is legally able and willing to enforce the sentence.
The Court may order the transfer of a convicted person to another State Party where necessary for lawful enforcement of a sentence and where the receiving State agrees or is otherwise legally authorised to receive the person.
The Court may also order or request physical transfer of an accused person to the custody of the Court where the Court determines that remote proceedings or continued State custody are insufficient to secure a fair and effective proceeding.
Physical surrender or transfer to the Court shall therefore be an available enforcement and judicial measure but shall not be a general requirement for a person to be tried, convicted, sentenced, or imprisoned under this Treaty.
A State Party shall maintain lawful custody of a person arrested under a Court warrant and shall ensure that the person is not released solely because the person refuses to recognise the Court or refuses to participate in proceedings, where continued detention has been lawfully authorised.
A person detained under this Article shall have the rights guaranteed by this Treaty, including the right to challenge the lawfulness of detention, the right to legal representation, and the right to a fair trial.
Where an accused person deliberately refuses to attend or participate in proceedings after receiving proper notice and being given a reasonable opportunity to defend themselves, the Court may proceed in their absence where authorised under this Treaty and the Rules of the Court.
A State Party may continue holding a convicted person following a trial conducted in their absence where the Court has issued a lawful sentence and the requirements for continued detention are satisfied.
The Court may request the assistance of the State Party in securing the attendance of the accused by video link or, where necessary and lawful, through physical appearance before the Court.
A State Party may request assistance from Court Enforcement Officers in relation to custody, transportation, security, evidence, or enforcement, but the person shall not be required to be physically surrendered to the Court where the State Party is capable of lawfully carrying out the Court's orders itself.
States Parties shall cooperate with the Court in maintaining secure custody, preventing escape, protecting victims and witnesses, preserving evidence, facilitating remote proceedings, and enforcing lawful judgments and sentences.
No person shall be transferred to a State where there are substantial grounds to believe that the person would be subjected to torture or other treatment prohibited by this Treaty or applicable international law.
The Court shall consider the safety, dignity, health, and fundamental rights of a person during any physical transfer.
Where more than one State requests custody or enforcement of the same person, the Court may determine or recommend appropriate arrangements having regard to jurisdiction, the seriousness of the offences, the interests of justice, existing proceedings, enforcement capability, and the rights of the person concerned.
The Court may establish agreements with States Parties concerning remote trials, detention facilities, police and prison facilities, transportation, prisoner transfers, witness protection, medical care, and enforcement of sentences.
The Rules of the Court shall establish detailed procedures concerning State custody, remote trials, detention, video-link proceedings, physical transfer, surrender, enforcement of sentences, capital sentences, prisoner transfers, and the rights of persons held by States Parties.