1945
Freedom from Fear, Issue No. 14
  • E-ISSN: 25190709

Abstract

On 19 November 2015, following two specially-crafted agreements with the Democratic Republic of Congo (DRC), the International Criminal Court (ICC) has transferred two of its convicted defendants, Congolese nationals Thomas Lubanga Dylio and Germain Katanga, to serve the remainder of their sentences in a national prison facility in DRC. The transfer represents a precedent in the practice of enforcing the sentences of fully international criminal tribunals – here also counting the ad hoc international tribunals, i.e. the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) – as for the first time the state of origin of the perpetrator has been effectively decided as the enforcement state. The decision paves the way for discussion over its potential impact on the future of the established system for enforcement of international sentences, as well as its significance, particularly in the light of the challenges the enforcement system has encountered through the enforcement practice of the ICTY.

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http://instance.metastore.ingenta.com/content/journals/25190709/2018/14/7
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