Perpetrators of international crimes such as genocide, crimes against humanity and war crimes are often denoted as “hostis humanis generis” – enemies of all mankind. Over the past decades, the international criminal justice system has been dealing with these “most serious” offenders and a number of international courts and tribunals have been prosecuting “those most responsible for international crimes”. Primary examples of such international(ized) criminal tribunals and courts are the International Criminal Tribunal for former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the permanent International Criminal Court.
These courts have over the last decades tried over 150 perpetrators of international crimes committed during the conflicts in the former Yugoslavia, Rwanda, Sierra Leone or for example in Congo , respectively. About 35 individuals have been acquitted. The project “When Justice is Done” empirically analyses what happens to these convicted and acquitted individuals. It assesses where and under what circumstances international convicts serve their sentence, to what extent they are rehabilitated while in prison and where and under what circumstances they pick up life after their release. It analyses the challenges acquitted individuals may face as a consequence of their criminal trial.
- Barbora Hola
- Joris van Wijk
- Wijk, J. van & Hola, B. (2018), When Justice is Done; the ICTY and the post-conviction phase, in: Stahn, C. (ed.), ICTY Legacies Volume, Oxford University Press (forthcoming)
- Hola, B. & Wijk, J. van (2017), ICTY Prisoners and Reflection on the Past: Early Release, Acceptance of Responsibility, and Remorse, International Criminal Justice Review (under review)
- Wijk, J. van & Hola, B. (2017), Acquittals in International Criminal Justice; Pyrrhic victories?, Leiden Journal of International Law, March, 241-262
- Hola, B., Kelder, J. & Wijk, J. van (2016), Effectiveness of international criminal tribunals: Empirical assessment of rehabilitation as sentencing goal, chapter in: Bailliet, C. &, Hayashi, N. (ed.) Legitimacy and Effectiveness of International Criminal Tribunals, Oxford; Hart Publishing
- Hola, B. & Wijk, J. van (2016), Rehabilitating international prisoners, chapter in: Mulgrew, R. & Abels, D. (ed.), Research Handbook on the international penal system, Elgar Publishing
- Hola, B., Wijk, J. “Life After Conviction at International Criminal Tribunals: Empirical Overview“, Journal of International Criminal Justice (2014) 12 (1) : 109-132.
- Kelder, J., Hola, B., Wijk, J. “Rehabilitation and Early Release of Perpetrators of International Crimes: Case Study of the ICTY and ICTR“, International Criminal Law Review, (14), 1177-1203, 2014.
- Wijk, J. “When International Justice Collides with Principles of International Protection; assessing the consequences of ICC Witnesses seeking asylum, defendants being acquitted and convicted being released”, Leiden Journal of International Law, vol. 26, March (1), 2013, 173-191.
For more information visit the ‘When Justice is Done’ website