Ch.VIII Enforcement of Sentences and Other Penalties
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This chapter analyses the enforcement of sentences of imprisonment imposed by international criminal tribunals and courts, especially as opposed to the enforcement of fines and other financial measures. Article 77 of the Statute of the International Criminal Court (ICCS) provides for imprisonment as the main penalty, and fines and forfeiture of proceeds, property, and assets as additional (‘in addition’) penalties. Its division between deprivation of liberty and other, financial measures adds another layer to our understanding of the enforcement regime. Furthermore, the enforcement of sentences and other judicial decisions is—together with extradition and other legal assistance (especially regarding evidence gathering)—a fundamental part of interstate cooperation in criminal matters. As such, it operates, in essence, in a decentralized fashion through enforcement by (willing and able) States, although one may consider the international tribunals’ detention facilities (IDFs) as the nucleus of a centralized international enforcement or even an international penal system. National implementation by representative States is reviewed in this chapter.