Early Release in International Criminal Law
45 Pages Posted: 15 Apr 2014 Last revised: 6 Nov 2018
Date Written: April 15, 2014
Modern international tribunals have developed a presumption of unconditional early release after prisoners serve two thirds of their sentences, which decreases transparency and is generally out of line with the goals of international criminal law. I trace the development of this doctrine to a false analogy with the law of domestic parole. I then suggest an alternative approach based on prisoners’ changed circumstances and enumerate criteria for tribunals to use in future early release decisions.
Keywords: International Criminal Law, Early Release, Enforcement, ICTR, ICTY, MICT, ICC
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