Available in Russian
Authors: Aleksandr Evseev, Alana Siukaeva
Keywords: war crimes; International Criminal Court; international criminal tribunals ad hoc; applicable penalties; early release; rehabilitation of international criminals
This article analyzes the procedural and psychological aspects of serving sentences by international criminals. Special attention is paid to their life after release and the problems that arise in connection with their reintegration into society. An attempt is made to identify the main psychotypes of criminals, based on their attitude to their crime and their assessment of their own role in it. The article concludes that long-term prison isolation generally helps to reduce the criminogenic potential of such persons. Specific examples show strategies resulting in successful and unsuccessful career-building after serving a sentence. Particular attention is paid to the situation of prisoners adjudged by the International Criminal Court for Rwanda, who for years could not return to their homeland or receive shelter in a third country. In this regard, it is concluded that there is weak coordination of cooperation between international criminal justice bodies and national authorities. Separate consideration is given to the question of the purpose of punishment pursued by bodies of international criminal justice. These include just desert, general prevention, and special prevention. More difficult is the question of the possibility of rehabilitating an international criminal. At first glance, this goal is a traditional one for courts and the correctional labor system at the national level. At the same time, what the international criminal has done testifies to such a profound deformation of the human personality that traditional means of correction can hardly be effective. Nevertheless, the practice of a number of international criminal tribunals, primarily the International Criminal Tribunal for the former Yugoslavia, shows the possibility of correcting such a criminal if the deed was committed under duress. It is concluded that how an international criminal is perceived in his homeland after serving his sentence and returning home is largely determined by the values that are held by the local population as a whole.
About the authors: Aleksandr Evseev – Candidate of Sciences (Ph.D.) in Law, Associate Professor, Higher School of Economics, Moscow, Russia; Alana Siukaeva – Ph.D. Student, School of International Law, National Research University Higher School of Economics, Moscow, Russia.
Citation: Evseev A., Siukaeva A. (2023) Kogda opuskaetsya zanaves: traektorii postkriminal’nogo povedeniya mezhdunarodnykh prestupnikov [When the curtain falls: trajectories of the post-criminal behavior of international criminals]. Mezhdunarodnoe pravosudie, vol. 13, no. 2, pp. 33–50. (In Russian).
Abels D. (2012) Prisoners of the International Community. The Legal Position of Persons Detained at International Criminal Tribunals, The Hague: Springer.
Aloisi R., Meernik J. (2017) Judgment Day. Judicial Decision Making at the International Criminal Tribunals, Cambridge: Cambridge University Press.
Antonov A., Evseev A. (2022) Spetsial’nyy sud po Kosovo – novyy organ mezhdunarodnogo ugolovnogo pravosudiya [Kosovo Specialist Chambers – a new organ of international criminal justice]. Mezhdunarodnoe pravosudie, vol. 12, no. 1, pp. 79–98. (In Russian).
Evseev A. (2021) Problemy sorazmernosti nakazaniya v praktike organov mezhdunarodnogo ugolovnogo pravosudiya [The problems of proportionality of punishment in the practice of the organs of international criminal justice]. Zakon, no. 12, pp. 58–72. (In Russian).
Filimonova A.I. (ed.) (2009) Dvoynye standarty v zashchite prav cheloveka: kazus professora Sheshelya [Double standards in the human rights defence: the case of the professor Sheshel], Мoscow: Fond istoricheskoy perspektivy. (In Russian).
Golovko L.V. (2019) Mediatsiya po ugolovnym delam (vosstanovitel’noe pravosudie) [Mediation in the criminal cases (restorative justice)]. In: Borisova E.A. (ed.) Al’ternativnoe razreshenie sporov: uchebnik [Alternative dispute resolution: a study guide], Мoscow: Gorodets, pp. 256–282. (In Russian).
Grigor’ev V.N., Antonov A.N. (2013) Reshenie tribunala po byvshey Yugoslavii po delu Gotovina/Markach kak ocherednoy proval mezhdunarodnogo pravosudiya [The decision of the Tribunal for the Former Yugoslavia in the Gotovina/Markach case as (regular) failure of international justice]. Mezhdunarodnoe ugolovnoe pravo i mezhdunarodnoe pravosudie, no. 3, pp. 9–15. (In Russian).
Heller K.J. (2008) What Happens to the Acquitted? Leiden Journal of International Law, vol. 21, no. 3, pp. 663–680.
Holá B., Munivrana M. (2023) There Is Something Special about War Criminals…: Constructing and Assessing the Rehabilitation of War Criminals at the ICTY/IRMCT and in Croatia. Journal of International Criminal Justice, vol. 21, no. 1, pp. 89–112.
Hola B., van Wijk J. (2014) Life after Conviction at International Criminal Tribunals: An Empirical Overview. Journal of International Criminal Justice, vol. 12, no. 1, pp. 109–132.
Hola B., van Wijk J., Constantini F., Korhonnen A. (2018) Does Remorse Count? ICTY Convicts’ Reflections on Their Crimes in Early Release Decisions. International Criminal Justice Review, vol. 28, no. 4, pp. 349–371.
Kuznetsova S.V. (2022) General Ante Gotovina: natsional’nyy (kino)geroy nezavisimoy Khorvatii [General Ante Gotovina as a national (movie) hero of independent Croatia]. In: Belov M.V. (ed.) Istoricheskaya politika v stranakh byvshey Yugoslavii [The historical politics in the countries of the former Yugoslavia], Saint Petersburg: Nestor-Istoriya, pp. 472–481. (In Russian).
Kudryavtsev V.N., Min’kovskiy G.M., Sakharov A.B. (eds.) (1975) Lichnost’ prestupnika [The profile of a criminal], Мoscow: Yuridicheskaya literatura. (In Russian).
Mezyaev A.B. (2020) Kompensatsiya opravdannomu litsu v mezhdunarodnom ugolovnom prave [Compensation to the acquitted person in international criminal law]. Moskovskiy zhurnal mezhdunarodnogo prava, no. 3, pp. 103–114. (In Russian).
Petrović V. (2018) The ICTY Library: War Criminals as Authors, Their Works as Sources. International Criminal Justice Review, vol. 28, no. 4, pp. 333–348.
Riegler E. (2020) Rehabilitating Enemies of Mankind: An Exploration of the Concept of Rehabilitation as a Sentencing Aim at the ICTY and the ICC. International Criminal Law Review, vol. 20, pp. 701–727.
Roksin K. (1986) Osnovaniya ugolovno-pravovoy otvetstvennosti i lichnost’ prestupnika [The grounds of the criminal responsibility and the profile of a criminal]. In: Makashvili V.G. (ed.) Aktual’nye voprosy sovremennogo ugolovnogo prava, kriminologii i ugolovnogo protsessa (vtoroy sovetsko-zapadnogermanskiy kollokvium) [The current issues of the modern criminal law, criminology and criminal justice (the second Soviet – West Germanic colloquium)], Tbilisi: Metsniereba, pp. 19–35. (In Russian).
Sharyy A. (2003) Tribunal. Khronika nezakonchennoy voyny [The tribunal. Chronicle of an unfinished war], Moscow: Prava cheloveka. (In Russian).
Simić O. (2018) “I Would Do the Same Again”: In Conversation with Biljana Plavšić. International Criminal Justice Review, vol. 28, no. 4, pp. 317–332.
Stahn C. (2019) a Critical Introduction to International Criminal Law, Cambridge: Cambridge University Press.
Strupinskiene L. (2023) Life After Conviction at the International Criminal Tribunal for the former Yugoslavia: Mapping the Empirical Reality. Journal of International Criminal Justice, vol. 21, no. 1, pp. 113–135.
Weigend T. (2012) Kill or Be Killed: Another Look at Erdemović. Journal of International Criminal Justice, vol. 10, no. 5, pp. 1219–1237.