
Contents
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I . Developments before the Adoption of the ICC Statute I . Developments before the Adoption of the ICC Statute
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A . The International Military Tribunals of Nuremberg and Tokyo A . The International Military Tribunals of Nuremberg and Tokyo
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1 . Nuremberg 1 . Nuremberg
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2 . Tokyo 2 . Tokyo
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3 . Nuremberg and Tokyo: A Very Brief Comparison 3 . Nuremberg and Tokyo: A Very Brief Comparison
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B . Inter-State Practice B . Inter-State Practice
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1 . Introductory Remarks 1 . Introductory Remarks
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2 . Some Basic Features of Inter-State Practice 2 . Some Basic Features of Inter-State Practice
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3 . International Protection of the Rights of the Detained Person 3 . International Protection of the Rights of the Detained Person
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4 . Structural Differences between Enforcement in a Horizontal and Vertical Setting 4 . Structural Differences between Enforcement in a Horizontal and Vertical Setting
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C . The International Criminal Tribunals for the Former Yugoslavia and Rwanda C . The International Criminal Tribunals for the Former Yugoslavia and Rwanda
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1 . Introduction 1 . Introduction
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2 . Designation of the State of Enforcement 2 . Designation of the State of Enforcement
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3 . The Duration of the Sentence and the Question of its Supervision 3 . The Duration of the Sentence and the Question of its Supervision
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4 . The Standards of the Treatment of Prisoners and the Question of Supervision 4 . The Standards of the Treatment of Prisoners and the Question of Supervision
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5 . Outstanding Issues 5 . Outstanding Issues
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6 . Some Preliminary Conclusions 6 . Some Preliminary Conclusions
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Appendix: The Special Court for Sierra Leone Appendix: The Special Court for Sierra Leone
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II . The ICC Statute II . The ICC Statute
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A . A Brief Summary of the Overall Course of the Negotiations A . A Brief Summary of the Overall Course of the Negotiations
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B . The Analysis of the Enforcement Regime B . The Analysis of the Enforcement Regime
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1 . The Lack of a General Clause on Recognition and/or Enforcement 1 . The Lack of a General Clause on Recognition and/or Enforcement
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2 . The Selection of the State of Enforcement 2 . The Selection of the State of Enforcement
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(a) The System of Double-Consent (a) The System of Double-Consent
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(b) The General Willingness to Enforce: The State List (b) The General Willingness to Enforce: The State List
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(c) The Designation Phase (c) The Designation Phase
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(d) The Residual Function of the Host State (d) The Residual Function of the Host State
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(e) The Change of the State of Enforcement (e) The Change of the State of Enforcement
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3 . The Duration of the Enforcement 3 . The Duration of the Enforcement
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(a) The Basic Problems and the Early Proposals (a) The Basic Problems and the Early Proposals
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(b) The Compromise Solution: Model Case Scenario and Exceptional Case Scenario (b) The Compromise Solution: Model Case Scenario and Exceptional Case Scenario
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(c) The Model Case Scenario (c) The Model Case Scenario
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(d) The Exceptional Case Scenario (d) The Exceptional Case Scenario
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4 . The Interruption of Enforcement: The Issue of Escape 4 . The Interruption of Enforcement: The Issue of Escape
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5 . The Conditions of Imprisonment, the Supervision of the Enforcement of Sentences by the ICC and the Prisoner’s Remedies in Case of Ill-Treatment 5 . The Conditions of Imprisonment, the Supervision of the Enforcement of Sentences by the ICC and the Prisoner’s Remedies in Case of Ill-Treatment
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(a) The Issues and the Options (a) The Issues and the Options
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(b) The Genesis of Article 106 and Rule 211 (b) The Genesis of Article 106 and Rule 211
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(c) The Analysis of the Regime (c) The Analysis of the Regime
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6 . The Principle of Speciality in the Context of Enforcement 6 . The Principle of Speciality in the Context of Enforcement
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(a) Some Conceptual Remarks (a) Some Conceptual Remarks
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(b) The Genesis of Article 108 (b) The Genesis of Article 108
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(c) The Content of Article 108 (c) The Content of Article 108
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7 . The Post-Enforcement Stage 7 . The Post-Enforcement Stage
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(a) The Background and the Genesis of Article 107 (a) The Background and the Genesis of Article 107
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(b) The Content of Article 107 (b) The Content of Article 107
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C . A Tentative Overall Evaluation of the Regime Established under the ICC Statute to Enforce International Sentences of Imprisonment C . A Tentative Overall Evaluation of the Regime Established under the ICC Statute to Enforce International Sentences of Imprisonment
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1 . The Rejection of a Fully Fledged International Regime 1 . The Rejection of a Fully Fledged International Regime
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2 . The Consensual Character of the ICC Enforcement Regime 2 . The Consensual Character of the ICC Enforcement Regime
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3 . The Issue of Primacy with Respect to the Enforcement as such 3 . The Issue of Primacy with Respect to the Enforcement as such
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4 . The Issue of Primacy with Respect to the Modalities of Enforcement 4 . The Issue of Primacy with Respect to the Modalities of Enforcement
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5 . Conclusion 5 . Conclusion
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Cite
Extract
. Developments before the Adoption of the ICC Statute
The enforcement of sentences of imprisonment after the trials of Nuremberg and Tokyo marks the first step on the path to the enforcement regime of the ICC. It is useful to identify similarities and differences between the enforcement regimes of Nuremberg and Tokyo and some lessons may be drawn from these experiences. We shall then turn to the inter-State practice prior to Rome. The study of the main features of that practice is helpful in two respects. First, it reveals the origin of most of the concepts relevant to understanding the enforcement regimes of the international criminal courts. Second, it highlights the need to adopt a different approach to the transfer of prisoners where it concerns the specific relationship between a State and an international criminal court. The legal framework of enforcement under the Statutes of the two ad hoc Tribunals in some respects foreshadows the enforcement regime of the ICC and must therefore be considered at somewhat greater length. The enforcement regimes of the ad hoc Tribunals present solutions, difficulties and open questions which most delegations had in mind when agreeing on the enforcement regime for the ICC.
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