Research Handbook on the International Penal System

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Research Handbook on the International Penal System

Edited by Roisin Mulgrew · Denis Abels
Edward Elgar Publishing November 2017

Specifications

ISBN-13
9781788116794
Publisher
Edward Elgar Publishing
Publication
November 2017
Format
Paperback , 544 pages
Jurisdiction
International ? Countri(es) for reference only

Also available as

Hardback

Details

Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context.

Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners.

These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development.

This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, punishment in relation to rights and transitional and restorative justice.

Its recommendations for development will also interest international and national officials working in criminal law and justice.

Table of Contents

Preface
PART I INTERNATIONAL REMAND DETENTION
1. The Legal Position of International Detainees: Applicable Law and Standards Jan Christoph Nemitz
2. Provisional Release from International Remand DetentionAndrew TrotterPART II INTERNATIONAL PENALTIES
3. Ius Puniendi and Individual Criminal Responsibility in International Criminal LawKai Ambos
4. Determinate and Indeterminate Sentences of Imprisonment in International Criminal Justice Dirk Van Zyl Smit
5. Fines and Forfeiture in International Criminal JusticeRebecca Young
PART III INTERNATIONAL SENTENCING
6. International Sentencing: Law and PracticeSilvia D'Ascoli
7. Judicial Cross-Referencing in the Sentencing Practice of International(ized) Criminal Courts and TribunalsAnnika Jones
PART IV INTERNATIONAL TRANSFERS
8. The Transfer of the Execution of Sentences of the International Criminal Court in Light of Inter-State PracticeHarmen Van Der Wilt
9. Rule 11bis: Exploring the Penal Aspects of Transferring Cases to National Courts by the Ad Hoc TribunalsOlympia Bekou
PART V INTERNATIONAL IMPRISONMENT
10. State Cooperation in the Enforcement of SentencesGoran Sluiter
11. Limiting the Objectives of the Enforcement of International Punishment Denis Abels
12. Rehabilitating International PrisonersBarbora Hola and Joris Van Wijk
PART VI INTERNATIONAL STANDARDS, OVERSIGHT AND SUPERVISION
13. International Penal Law: Aligned with or Autonomous from International Human Rights Law?Lorna Mcgregor
14. Oversight of International Imprisonment: The CPTSonja Snacken and Nik Kiefer
15. Enforcement of Sentences and Oversight of Prisoners Convicted by the Special Court for Sierra LeoneTeresa Anne Doherty and Shireen Avis Fisher
PART VII ALTERNATIVES TO CUSTODIAL PUNISHMENT
16. International Punishment from 'Other' PerspectivesMark A. Drumbl
17. The International Criminal Court's Regime of Victim Redress: Non-Punitive Responses to Crimes Under the Rome StatuteConor MccarthyPART VIII DEVELOPING THE INTERNATIONAL PENAL SYSTEM
18. Creating an International PrisonMargaret M. Penrose
19. The Costs of Suspicion: A Critical Analysis of the Compensation Scheme Established By Article 85(3) of the Rome StatuteRoisin Mulgrew
Conclusion
Index

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