CHAPTER 4. ENFORCEMENT OF SENTENCES
§ 1. General
Section 56
1. No pardon may be requested or granted in respect of sentences of imprisonment which have been imposed by the ICC for one or more of the crimes referred to in article 5 of the Statute and which are being enforced in the Netherlands. A request for reduction or remission of such a sentence shall be immediately referred by Our Minister to the ICC.
2. At the request of the ICC, Our Minister shall inform the ICC of his opinion on the review of a sentence as referred to in subsection 1, in accordance with article 110 of the Statute. For this purpose, Our Minister may request the advice from The Hague District Court and may request from third parties all information which he considers necessary.
3. A pardon may be requested and granted, in accordance with article 558 of the Code of Criminal Procedure, in respect of sentences of imprisonment which have been imposed by the ICC for offences against the administration of justice of the ICC as referred to in article 70, paragraph 1, of the Statute and in respect of other sentences imposed by the ICC if enforcement takes place in the Netherlands. Before a decision is taken on the granting of a pardon, Our Minister shall consult with the ICC in order to learn its views.

Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute

This provision follows the ICC Statute.

Section 56 of the Implementation Act 2002 provides that national pardons do not apply to sentences of the ICC relating to crimes under Article 5 of the Rome Staute. It does, however, envisage pardons with respect to persons sentenced for offences against the administration of justice who are serving their sentence in the Netherlands. As the Host State of the ICC, the Netherlands is likely to host also numerous prosecutions for offences against the administration of justice by the ICC (being in that case the State with territorial jurisdiction) and consequently it will be called to enforce relevant sentences. It has been considered that since the Rules of Procedure and Evidence subject offences against the administration of justice to a different sentencing regime to 'core' ICC crimes (Rules 162-169), it would not conflict with the Rome Statute to subject sentences relating to such offences to the national regime on pardons. ((Goran Sluiter, "Implementation of the ICC Statute in the Dutch legal order" (2004) 2(1) Journal of International Criminal Justice, 158, at 169).