Probacja (Sep 2023)
Enforcement of imprisonment sentences of the International Criminal Court
Abstract
The paper presented above aims to present methods of enforcement of deprivation of liberty sentenced by the International Criminal Court. Roots of this problem are connected to international specific of the tribunal, which does not dispose its own penitentiary system. According to that, international tribunals are forced to use prisons of states, parties to the agreements establishing court. Aiming to define adopted model, article includes analysis of the key international acts for organization and proceeding of International Criminal Court and model of international agreement, adopted in case of will of state to accept sentenced. Moreover, there is analysis of judgement of International Criminal Court to describe experience of court in such issue. For presentation of evolution of the international law article shows also historical ways of enforcing sentences of imprisonment, adjudicated by Nuremberg Tribunal or tribunals ad hoc. Such analysis leads to conclusion, that there is some kind of model of the enforcing of prison sentenced by international tribunals and it has changed in some way. It is necessary to notice tendency, which are present and whish established actual model. Analysis presents that state, party to the Rome Statute is not automatically obliged to accept sentenced, but this decision is individual and it demands double approval of state, first one general and second one in case.
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