Models of Judicial Cooperation with Ad Hoc Tribunals and with the Permanent International Criminal Court in Europe

Execution of Imprisonment Sentenced by Judgment of the International Criminal Court

“…Observed from the aspect of the Statute of this international judicial institution, the execution of its criminal judgment is discussed in Article 27 where it is envisaged that imprisonment (for a specified period or life) shall be carried out in a state-designated by the International Tribunal from the list of states which have expressed their readiness to accept the sentenced person to the UN Security Council. 3 Execution shall be carried out under the positive law of that State, under the control of the Tribunal or a body designated by the Tribunal (Jorgensen 2000). In addition to this, which seems completely indisputable, the fact that deserves attention is the fact that even before the adoption of the Statute of the Tribunal, the place of execution and the manner of execution was announced by the Secretary-General of the United Nations (hereinafter: UN) in his report of 3 May 1993 in which he pointed out that the nature of the crime and the character of the Tribunal indicates that the execution of the judgment should take place outside the territory of the former Yugoslavia and that states should be encouraged to express their readiness to offer their prisons for execution (Kokolj 1995, 187).…”

“…Finally, when it comes to general remarks, it should be noted that despite the compatibility of many decisions for the execution of a criminal judgment of the International Criminal Court in general, regardless of whether it is an ad hoc Tribunal for the former Yugoslavia or a permanent International Criminal Court, there are numerous differences between them and they require the need for a separate analysis of this issue depending on which court it is (permanent International Criminal Court or ad hoc court) (Caianiello 2013). Furthermore, when it comes to ad hoc courts, the subject of analysis is the execution of the judgment of the ad hoc Tribunal for the former Yugoslavia.…”