REGIMUL EXECUTĂRII PEDEPSELOR PRIVATIVE DE LIBERTATE DISPUSE DE CURTEA PENALĂ INTERNAŢIONALĂ: ANALIZĂ NORMATIVĂ ŞI PRACTICĂ
THE ENFORCEMENT OF SENTENCES OF IMPRISONMENT IMPOSED BY THE INTERNATIONAL CRIMINAL COURT: A NORMATIVE AND PRACTICAL ANALYSIS

Summary/Abstract: The enforcement of sentences of imprisonment imposed by the International Criminal Court raises specific challenges, as the Court does not possess its own penitentiary facilities but relies on the voluntary cooperation of States Parties to the Rome Statute of the International Criminal Court. In this context, the enforcement regime emerges as a complex mechanism grounded in international norms yet implemented within domestic penitentiary systems. This study aims to examine both the normative framework and the practical implications of enforcing sentences imposed by the Court. The first part analyses the relevant provisions of the Rome Statute and the Rules of Procedure and Evidence governing the designation of the State of enforcement, the obligations incumbent upon that State, and the supervision of detention conditions. The paper further explores the institutional mechanisms through which States express their willingness to receive sentenced persons, the bilateral enforcement agreements concluded for this purpose, and the central role of the Court’s Presidency in designating the State of enforcement. Particular attention is devoted to the rights of sentenced persons, including humane treatment and compliance with international standards established under the auspices of the United Nations. Finally, the study adopts a comparative perspective, assessing the enforcement regime of the International Criminal Court in light of the experience of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, identifying both convergences and, at times, significant differences. Reform perspectives are also addressed, including the debate on the potential establishment of an independent international penitentiary infrastructure. The article thus seeks to provide an integrated vision of the enforcement regime of sentences imposed by the International Criminal Court, contributing to both doctrine and practice in the field of international penitentiary law, within a complementary approach to international criminal law.

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