Research Handbook on the International Penal System (Research Handbooks in International Law series)

Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the __Research Handbook on the International Penal System__ critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development. This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice. **Contributors:** D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. Young Front Matter 1 Copyright 4 Contents 5 Contributors 7 Preface 13 Abbreviations 15 PART I INTERNATIONAL REMAND DETENTION 17 1. The legal position of international detainees: applicable law and standards 19 2. Provisional release from international remand detention 39 PART II INTERNATIONAL PENALTIES 71 3. Ius puniendi and individual criminal responsibility in international criminal law 73 4. Determinate and indeterminate sentences of imprisonment in international criminal justice 96 5. Fines and forfeiture in international criminal justice 118 PART III INTERNATIONAL SENTENCING 147 6. International sentencing: law and practice 149 7. Judicial cross-referencing in the sentencing practice of international(ized) criminal courts and tribunals 183 PART IV INTERNATIONAL TRANSFERS 207 8. The transfer of the execution of sentences of the International Criminal Court in light of inter-State practice 209 9. Rule 11bis: exploring the penal aspects of transferring cases to national courts by the ad hoc Tribunals 227 PART V INTERNATIONAL IMPRISONMENT 243 10. State cooperation in the enforcement of sentences 245 11. Limiting the objectives of the enforcement of international punishment 266 12. Rehabilitating international prisoners 290 PART VI INTERNATIONAL STANDARDS, OVERSIGHT AND SUPERVISION 313 13. International penal law: aligned with or autonomous from international human rights law? 315 14. Oversight of international imprisonment: the Committee for the Prevention of Torture 338 15. Enforcement of sentences and oversight of prisoners convicted by the Special Court for Sierra Leone 371 PART VII ALTERNATIVES TO CUSTODIAL PUNISHMENT 397 16. International punishment from ‘other’ perspectives 399 17. The International Criminal Court’s regime of victim redress: non-punitive responses to crimes under the Rome Statute 421 PART VIII DEVELOPING THE INTERNATIONAL PENAL SYSTEM 437 18. Creating an international prison 439 19. The costs of suspicion: a critical analysis of the compensation scheme established by Article 85(3) of the Rome Statute 461 Conclusion 508 Selected bibliography 509 Index 517 The legal position of international detainees : applicable law and standards / Jan Christoph Nemitz -- Provisional release from international remand detention / Andrew Trotter -- Ius puniendi and individual criminal responsibility in international criminal law / Kai Ambos -- Determinate and indeterminate sentences of imprisonment in international criminal justice / Dirk van Zyl Smit -- Fines and forfeiture in international criminal justice / Rebecca Young -- International sentencing : law and practice / Silvia D' Ascoli -- Judicial cross-referencing in the sentencing practice of international(ized) criminal courts and tribunals / Annika Jones -- The transfer of the execution of sentences of the International criminal court in light of inter-State practice / Harmen van der Wilt -- Rule 11bis : exploring the penal aspects of transferring cases to national courts by the ad hoc Tribunals / Olympia Bekou -- State cooperation in the enforcement of sentences / Goran Sluiter -- Limiting the objectives of the enforcement of international punishment / Denis Abels -- Rehabilitating interrnational prisoners / Barbora Hola and Joris van Wijk -- International penal law : aligned with or autonomous from international human rights law? / Lorna McGregor -- Oversight of international imprisonment : the committee for the prevention of torture / Sonja Snacken and Nik Kiefer -- Enforcement of sentences and oversight of prisoners convicted by the Special Court for Sierra Leone / Teresa Anns Doherty and Shireen Avis Fisher -- International punishment form 'other' perspectives / Mark A Drumbl -- The International criminal court's regime of victim redress : non-punitive responses to crimes under the Rome Statute / Conor McCarthy -- Creating an international prison / Margaret M. Penrose -- The costs of suspicion : a critical analysis of the compensation scheme established by Article 85(3) of the Rome statute / Roisin Mulgrew -- Conclusion / Róisín Mulgrew and Denis Abels Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development. This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice.--Résumé de l'éditeur Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development.-- Provided by publisher