Centro de Documentação da PJ
Analítico de Periódico
CD 358
Mechanisms of cooperation between states and the International Criminal Court regarding the enforcement of final judgments [Recurso eletrónico] / Diala Ali Alta'ani, Ahmad Aqeil Mohammad Al-zaqibh, Salah Soud Al-Raggad
International Journal of Criminal Justice Sciences, Vol. 19, n. 1 (January-June 2024), p. 375-387
Ficheiro de 376 KB em formato PDF.
TRIBUNAL PENAL INTERNACIONAL, SANÇÃO PENAL, EXECUÇÃO DA PENA, CONFISCO DE BENS, COOPERAÇÃO JUDICIÁRIA
This study addresses how to implement final judgments issued by the International Criminal Court in cooperation with countries that have expressed their readiness to enforce them, specifically regarding imprisonment, fines, and confiscation. The issue lies in the absence of an enforcement mechanism within the court, as it has made the enforcement of judgments contingent upon agreements and cooperation with states, which places a significant burden on the court, especially given the increasing number of cases being presented that are nearing resolution. The study concluded that the execution of prison sentences differs from financial penalties, as the former can be carried out in another country or in the country of residence (the Netherlands) if the country chosen by the court refuses, while the latter can never be executed without the cooperation of the countries where the convict's money, revenues, and assets are located. The study recommends that the court establish a dedicated execution prison under its authority to make the supervision process more effective. It is also recommended that states register themselves on the list of those willing to implement with the court's registrar, in order to facilitate the court's work and achieve criminal justice.
