Early Release in International Criminal Law

45 Pages Posted: 15 Apr 2014 Last revised: 6 Nov 2018

See all articles by Jonathan H. Choi

Jonathan H. Choi

University of Minnesota Law School

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

Suggested Citation

Choi, Jonathan H., Early Release in International Criminal Law (April 15, 2014). 123 Yale Law Journal 1784 (2014), Available at SSRN: https://ssrn.com/abstract=2425294

Jonathan H. Choi (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
PlumX Metrics