Early Release in International Criminal Law

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

See all articles by Jonathan Choi

Jonathan Choi

NYU School of Law; Wachtell, Lipton, Rosen & Katz; Yale Law School

Date Written: April 15, 2014

Abstract

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

Jonathan Choi (Contact Author)

NYU School of Law ( email )

Wachtell, Lipton, Rosen & Katz ( email )

51 West 52nd Street
New York, NY 10019
United States

Yale Law School ( email )

New Haven, CT 06520
United States

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