J. van Wijk

Rehabilitation and Early Release of Perpetrators of International Crimes; A Case Study of ICTY and ICTR,

While cited as one of the goals of international sentencing and used as a factor for deciding on early release, rehabilitation of perpetrators of international crimes has thus far been neglected by academia and practitioners. This article presents an analysis of all ICTY and ICTR early release decisions handed down until July 2013, indicating how the tribunals have conceptualised rehabilitation of these ‘enemies of mankind’. After observing that the success rate of rehabilitating international prisoners is very high, we suggest that this may be attributable to (i) a lack of the Presidents’ critical evaluation of the materials upon which he bases his conclusions regarding prisoners’ rehabilitation and (ii) the fact that perpetrators of international crimes are a ‘different kind of perpetrator’. We offer suggestions to re-conceptualise rehabilitation in the context of international crimes and to adjust the enforcement system of international sentences in order to better promote rehabilitation.

Amnesty for War Crimes in Angola; Principled for a Day?

In April 2012, Angola celebrated ten years of a peace deal which contained an amnesty law. The Angolan government has over the past ten years demonstrated to be unwilling to prosecute perpetrators of war crimes. Potential war criminals currently (still) take important positions in the Angolan government or live as well known public figures in- and outside Angola. The author analyses that especially a lack of domestic interest in doing justice and third countries’ interests in Angola’s oil reserves might serve as an explanation why up to this moment no justice has been done. The Angolan case illustrates how international actors may react by taking a ‘one-day principled position’ when it comes to calling for prosecution. Potentially hampering fragile peace negotiations, critique on the blanket nature of the amnesty is before and immediately after the peace process voiced, not to be repeated anytime, anyplace, anywhere.

Acquittals in International Criminal Justice – Pyrrhic Victories?

Despite the great body of academic research on international criminal justice, little attention has been given to the situation of those who have been acquitted. This article aims to fill this gap by offering an empirical overview of what happens to persons acquitted by the ICTY, ICTR, and the ICC. Rather than providing an in-depth legal analysis, the article emphasizes the challenges acquitted persons encounter. It discusses in particular: (1) to what extent and why some acquitted individuals are barred from residing in the country of their preference; (2) whether and why they are facing subsequent prosecution; and (3) what obstacles there are for acquitted persons seeking to obtain compensation for the lengthy periods spent in detention. Although similar problems may be experienced by individuals who have been acquitted for conventional crimes in domestic systems, the authors argue that persons acquitted by international criminal tribunals are relatively more susceptible to post-acquittal challenges because of the unique nature of the alleged crimes and the institutional context in which international criminal trials take place. The authors conclude that there are no easy solutions, and that some of the problems identified are inherent to the system of international criminal justice.