Aut iustitita aut pax? Enforcement of International Prison Sentences in (Former) Conflict Areas

in Justice Without Borders
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In a 2007 decision concerning the Strugar case, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (icty), Judge Wolfgang Schomburg dissenting, seemed to accept the view that States belonging to the former conflict area were barred from being designated to enforce a prison sentence of the Tribunal, even if the sentenced person himself wished to be transferred to that State.

Our article will first give a brief introduction to the enforcement regimes of international criminal courts. In a second step, we will take the majority’s decision and Judge Schomburg’s long and passionate dissent as an opportunity to analyze the practice of international criminal tribunals with regard to the issue mentioned above. A discussion under which circumstances enforcement of sentences in the former conflict area may be appropriate will conclude the contribution.

Justice Without Borders

Essays in Honour of Wolfgang Schombourg

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