Abstract

One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.

Highlights

  • The execution of imprisonment sentenced by the judgment of the International Criminal Court in our region gained its relevance with the establishment of the ad hoc Tribunal for the former Yugoslavia in 19931, and with the establishment of a permanent International Criminal Court by adopting its statute in Rome on July 17, 1998 (Law on Ratification of the Rome Statute, Official Gazette of the FRY - International Agreements, No 5/2001)

  • When we talk about the choice of the state in which the criminal judgment of the International Criminal Court will be executed, one must keep in mind is one of the key reasons for allowing the execution of a criminal judgment of another state, and that is the rehabilitation of a convicted person and respect for international standards on the protection of basic freedoms and rights and generally accepted international legal standards of persons serving a criminal sanction imposed on him (Stojanović 2018)

  • One of the current issues when it comes to the International Criminal Court, in general, is the issue of the execution of prison sentences that they impose

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Summary

Introduction

The execution of imprisonment sentenced by the judgment of the International Criminal Court in our region gained its relevance with the establishment of the ad hoc Tribunal for the former Yugoslavia in 19931, and with the establishment of a permanent International Criminal Court by adopting its statute in Rome on July 17, 1998 (Law on Ratification of the Rome Statute, Official Gazette of the FRY - International Agreements, No 5/2001). The key basis for the topicality of this issue lies in the fact that these two, as well as other international judicial institutions of this character,2 do not have facilities for the execution of imprisonment they impose, which is why they rely on the national legislation of those states that have accepted execution of judgments of the International Criminal Court on their territory (Škulić and Bajović 2018).

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