Prisoners of the International Community : The Legal Position of Persons Detained at International Criminal Tribunals

Little has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals’ jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the law’s underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals’ sentences. In respect of substantive law, it examines the detainees’ right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals’ detention law, particularly because it is the first monograph written on the topic. This book addresses a specific aspect of international criminal law. It describes the legal position and conditions of persons detained under the jurisdiction of international criminal tribunals, particularly as regards their internal legal position, their rights and duties inside the remand facility. Central to the book is the understanding that the circumstances surrounding these persons' detention are different from a domestic context. The author's primary aim is to disclose the law of detention of international criminal tribunals. The book sets out the applicable law, including the law's underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available disciplinary and complaints procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals' sentences. In respect of substantive law, it focuses on the detainees' right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book further examines whether the positive law corresponds to the relevant international penal standards and human rights law. As an outcome of immediate exchanges (interviews) between the author and the authorities involved, the author provides a substantial clarification and critical assessment of the current issues and paradoxes of the domain in question. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals' detention law, particularly because it is the first monograph written on the topic. ¡ Front Matter....Pages i-xviii Introduction....Pages 1-10 Front Matter....Pages 11-11 The Protection of Detained Persons Under International Law....Pages 13-66 The Legal Regimes Governing Detention at the International Criminal Tribunals....Pages 67-185 Principles of Law Governing Detention at International Criminal Tribunals....Pages 187-263 Front Matter....Pages 265-265 Making and Handling Complaints....Pages 267-390 Discipline....Pages 391-444 The Designation of States for the Enforcement of Sentences....Pages 445-517 Front Matter....Pages 519-519 Contact with the Outside World....Pages 521-760 Concluding Remarks and Recommendations....Pages 761-778 Back Matter....Pages 779-847 Introduction -- The Protection Of Detained Persons Under International Law -- The Legal Regimes Governing Detention At The International Criminal Tribunals -- Principles Of Law Governing Detention At International Criminal Tribunals -- Making And Handling Complaints -- Discipline -- The Designation Of States For The Enforcement Of Sentences -- Contact With The Outside World -- Concluding Remarks And Recommendations -- Official Documents And Resolutions. Denis Abels. Includes Bibliographical References (p. 835-847).