Case Analysis: The International Tribunal for the former Yugoslavia and the Enforcement of Sentences

Abstract

With a number of sentencing judgments expected in cases pending before the International Criminal Tribunal for the former Yugoslavia, the enforcement of sentences has become an important concern. The author discusses theoretical and practical issues raised in this regard, including the juridical basis for enforcement as well as the Model Agreement regarding modalities of enforcement. On the basis of this Model Agreement, a number of agreements has been concluded with individual states. The author concludes that the nature of the Tribunal has necessitated the development of novel and sometimes artificial measures for the enforcement of sentences.