The conditions contained in Rule 65 RPE +; ; Fax: + – Email: press [at] () Follow ICTY on Twitter. Pursuant to Rule 6(D) of the Rules of Procedure and Evidence of the Tribunal, the adoption shall enter into force seven days after the date of. The Mechanism may conduct retrials; appeals proceedings from ICTR, ICTY and Mechanism cases; trials for contempt and false testimony; and review.
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More than authors from all continents. Historical Origins of International Criminal Law. Philosophical Foundations of International Criminal Law. Concise policy briefs on policy challenges in international law. Research on quality control in fact-work. There is one exception to this general rle The Registrar exercises merely technical functions maintenance of the list, Rule 1 ; details of physical transfer of prisoners, Rule A list of States that have indicated their willingness to accept sentenced persons shall be established and maintained by the Registrar.
The Presidency shall not include a State on the list provided for in articleparagraph 1 aif it does not agree with the conditions that such a State attaches to its acceptance. The Presidency may request any additional information from that State prior to taking a decision. Rpf State that has attached conditions of acceptance may at any time withdraw such conditions.
Any amendments or additions to such conditions shall be subject to confirmation by the Presidency. A State may at any time inform the Registrar of its withdrawal from the list. Such withdrawal shall not affect the enforcement of the sentences in respect of persons that the State has already accepted. The Court ichy enter bilateral arrangements with States with a view to establishing a framework for the acceptance of prisoners sentenced by the Court.
Such arrangements shall be consistent with the Statute. The Presidency is entrusted with the task to assess the appropriateness of conditions Rule 2 or amendments thereto Rule 3 2. Establishment and maintenance of the list is the responsibility of the Registrar Rule 1. This relieves the Presidency of a mere record keeping of its decisions. A State may withdraw from the list at any time. This fundamental provision is included in all eight Enforcement Agreements currently in force, namely between the Icry and Austria Art.
To date, such Agreements exist between the ICC and the following nine countries: Prevention of a concentration of prisoners in one geographical area aan opportunity for each State on the list to receive at least one prisoner b and the need to distribute the burden of receiving prisoners equally between volunteering States c.
The list is non-exhaustive. Other relevant factors d could include the financial resources of States and their penitentiary capacity to fulfill the requirements of hosting international prisoners [cf.
Equal Treatment before the Law? The Rule reflects the common principle that there is no provisional execution of punishment. Hence, the enforcement of a custodial sentence requires that conviction and sentence have become final viz. Accordingly, it is out of question to transfer the defendant prematurely to the designated state of enforcement since detention or remand prior to and pending trial as well as during appeal Art.
Even if a State Party were willing to take a defendant in remand e. The situation is different for reparation proceedings continuing after the sentence has become final and therefore enforceable. Those do not hinder the transfer to a State of enforcement [Prosecutor v. Regulation of the Registryas it currently is the case with Jean-Pierre Bemba Gombo, pending appeal proceedings. After the judgment and sentence have become final, the sentenced person stays there until being transferred to the designated State of enforcement.
The Presidency shall give notice in writing to the sentenced person that it is addressing the designation of a State of enforcement.
The sentenced person shall, within such time limit as the Presidency shall prescribe, submit in writing his or her views on the question to the Presidency. The Presidency may allow the sentenced person to ivty oral presentations. The Presidency shall allow the sentenced person: Therefore, the Presidency must inform him or her that the designation decision is imminent and give him or her the opportunity to present his views. The procedure will usually be written but an oral presentation is not excluded if deemed necessary [Gartner,p.
For that purpose, he or she is entitled to have adequate time and facilities including an interpreter, if appropriate, at kcty disposal. However, he or she is not entitled to be assisted by counsel; a French proposal UN Doc.
Article 3 c. A CommentaryVol. The Rule details which information the Presidency has to transmit to the designated State in order to enable that State to make an informed decision whether to accept the designation or not.
The initial French draft of this rule UN Doc. Presumably the relevant State favors enforcement of such persons in his prison facilities.
Information regarding the health of the sentenced person is only transmitted upon his or her consent [Prosecutor v. Rule sets forth that a second designation is possible after the first has been rejected by a Tpe [cf.
The provision highlights once more the possibility of a State to reject a designation, even if it had declared its general willingness to enforce sentences before and all attached ictu had been previously accepted by the Presidency.
The Registrar shall inform the Prosecutor and the sentenced person of the State designated to enforce the sentence. Icy sentenced person shall be delivered to the State of enforcement as soon as possible after the designated State of enforcement accepts.
Rules of Procedure and Evidence | International Criminal Tribunal for the former Yugoslavia
The Registrar shall ensure the proper conduct of the delivery of the person in consultation with the authorities of the State of enforcement and the host State. Rule regulates the technicalities after the designated State of enforcement has accepted the designation of the prisoner. Rule 2 requires prompt delivery of the prisoner to the enforcement state.
To guarantee a proper transfer procedure, the Registrar has to consult pursuant to sub-rule 3 with the competent dpe of the host State and of the State of enforcement. Article 1 c.
Blaskic case: motion for provisional release rejected.
No authorization is required if the sentenced person is transported by air and no landing is scheduled on the territory of the transit State. If an unscheduled landing occurs on the territory of the transit State, that State shall, to the extent possible under the procedure of national law, detain the sentenced person in custody until a request for transit as provided in sub-rule 2 or a request under article 89, paragraph 1, or article 92 is received.
To the extent possible under the procedure of national law, a State Party shall authorize the transit of a sentenced person through its territory and the provisions of article 89, paragraph 3 b and c gpe, and articles and and any rules relating thereto shall, as appropriate, apply.
A copy of the final judgement of conviction and of the sentence imposed shall be attached to such request for transit. The inclusion of this Rule was deemed necessary because the Statute does not contain a provision to that effect, since Art.
The ordinary costs for the enforcement of the sentence in the territory of the State of enforcement icfy be borne by that State. Other costs, including those octy the transport of the sentenced ictj and those referred to in articleparagraph 1 cd and eshall be borne by the Court.
This provision establishes the general rule consistent with inter-State practice [Prost,p. These include in particular, but are not limited to, the costs listed in sub-rule 2: Rule is not applicable if the sentence is enforced by the host State pursuant to Art.
The Presidency, acting on its own motion or at the request of the sentenced person or the Prosecutor, may at any time act in accordance with articleparagraph 1. The request of the sentenced person or of the Prosecutor ictt be made in writing and shall set out the grounds upon which the transfer is sought. Rule 1 mainly repeats the contents of Art.
The proceedings may be initiated by the sentenced person cf. It is unclear whether the State of enforcement can request the transfer of the sentenced person itself. On the one hand, one could argue that the State of enforcement is bound by a designation it has once accepted Art. However, it is submitted that there seems to be no good reason to deny the State the possibility of making such an application [Schabas,p. Schabas, The International Criminal Court: Before deciding to change the designation of a State of enforcement, the Presidency may: Rule 1 sets forth that the Presidency may seek, inter alia, views from the State of enforcement athe Prosecutor and the sentenced person b.
Normally, a written procedure should be sufficient Gartner,p. If the Presidency deems it appropriate on a case-by-case basis, it may conduct an oral jcty of the sentenced person, namely on site or by way of video link cf. The Presidency may also consider all other relevant information din particular expert opinions concerning, inter alia, the sentenced person c.
As time might be often the essential factor in such cases especially after notification under Art. It is submitted that, as a minimum, the sentenced person and the State of enforcement should be given the opportunity to present their views [cf. The provisions of rulesub-rule 3, shall apply, as appropriate. By virtue of this reference, the sentenced person will be assisted by an interpreter, if appropriate, and given sufficient time and facilities to prepare the presentation of his or her views.
There is no obligation to provide counsel for the sentenced person in this situation [cf. If the Presidency refuses to change the designation of the State of enforcement, it shall, as soon as possible, inform the sentenced person, the Prosecutor and the Registrar of its decision and of the reasons therefor.
It shall also inform the State of enforcement. In case the Presidency refuses to transfer the sentenced person, this decision and the reasons therefor shall be communicated to the convict, the Prosecutor, the State of enforcement and the Registrar. Article Rule 3. In order to supervise the enforcement of sentences of imprisonment, the Presidency: It is mandatory for the Presidency to secure a confidential and unimpeded communication channel with each prisoner a.
Rules of Procedure and Evidence
A general kcty to request all pertinent information from the State of enforcement or any other reliable source is contained in sub-rule 1 b ; a similar right to be informed by the enforcement State about important events concerning the sentenced person is established in Rule There is no provision for regular inspections of the conditions of imprisonment, yet all bilateral Enforcement Agreements contain a provision on inspections by the Court or another entity like the ICRC, see the comment on Article 1.
Giving the State of enforcement an opportunity to comment on the views expressed by the sentenced person d requires careful consideration: On the one hand it is dangerous for the Court to exclusively rely on the potentially biased information provided by the convict and thus further unfounded allegations [Gartner,p.
When a sentenced person is eligible for a prison programme or benefit available under the domestic law of the State of enforcement which may entail some activity outside the prison facility, the State of enforcement shall communicate that act to the Presidency, together with any relevant information or observation, to enable the Court to exercise its supervisory ictj.
Curiously, Rule appears like a special instance of the general monitoring duty enshrined in Regulation Article 77, Regulation