Abstract
The hardships that the top Nazi leaders faced during their remand detention and imprisonment in Nuremberg and Spandau prison are well documented in Albert Speer’s ‘Spandau Secret Diaries’. According to Speer, the inmates were only allowed a half-hour walk each day. During these walks, they were separated by ten metres.
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Notes
- 1.
Speer 1976, p. 20.
- 2.
Goda 2007, p. 44.
- 3.
Speer 1976, p. 105.
- 4.
Id., p. 113.
- 5.
Kreß and Sluiter, Imprisonment, 2002a, p. 1762.
- 6.
Goda 2007, p. 4.
- 7.
Kreß and Sluiter, Imprisonment, 2002a, p. 1761.
- 8.
Ibid.
- 9.
See, e.g., the Volkskrant of 31 May 2011, available at: http://www.volkskrant.nl/vk/nl/6050/Ratko-Mladić/article/detail/2439903/2011/05/31/Mladić-zit-nu-in-een-van-de-humaanste-gevangenissen-ter-wereld.dhtml (last visited by the author on 12 August 2011).
- 10.
Banning and De Koning 2005, p. 114.
- 11.
See, e.g., Kelk 2010.
- 12.
ICTY, Manual on Developed Practices, UNICRI, Turin 2009, p. 179, para 8.
- 13.
Id., p. 178, para 6.
- 14.
The Swedish investigators noted in respect of relationships between staff members and detainees that ‘in many respects the detainees, as a group, have ample resources, high social competence and (formerly) high social status. It probably requires great personal confidence and strength of character, as well as patience, to approach the type of people detained at the DU’; see ICTY, Independent Audit of the Detention Unit at the International Criminal Tribunal for the Former Yugoslavia, 4 May 2006, para 2.6.3. Most of the Special Court detainees, however, lack any secondary or tertiary education and have a poor financial background.
- 15.
ICTY, Manual on Developed Practices, UNICRI, 2009, p. 178, para 6; ICTR, interview conducted by the author with a senior staff member of the ICTR Office of the Registrar, Arusha–Tanzania, May 2008.
- 16.
ICTY, Independent Audit of the Detention Unit at the International Criminal Tribunal for the Former Yugoslavia, 4 May 2006, para 2.9.
- 17.
Id., para 2.3.
- 18.
This concerns, inter alia, the availability of specialist medical treatment, public services and communications facilities, the protection of the premises of the tribunal and assistance in situations which threaten the security and good order of the detention facility.
- 19.
Kelk 2010, p. 87.
- 20.
Ibid.
- 21.
Ibid.
- 22.
Ibid. The principles of the tribunals’ law of detention are examined in Chap. 4.
- 23.
Rules Governing the Detention of Persons Awaiting Trial or Appeal before the Extraordinary Chambers in the Courts of Cambodia.
- 24.
See ECCC, Decision on Nuon Chea’s Appeal Concerning Provisional Detention Conditions, Prosecutor v. Nuon Chea, Case No. 002/19-09-2007-ECCC/OCIJ (PTC09), P.-T. Ch., 26 September 2008, para 26, where the Pre-Trial Chamber noted that ‘the ECCC Detention Facility is under the authority of the Royal Government of Cambodia and subject to Cambodian law’.
- 25.
Kreß and Sluiter, Preliminary Remarks, 2002b, p. 1751.
- 26.
Kelk 2008, pp. 7–8.
- 27.
With respect to jurisdiction and sentencing, however, Article 7 of the SCSL Statute provides that ‘1. The Special Court shall have no jurisdiction over any person who was under the age of 15 at the time of the alleged commission of the crime. Should any person who was at the time of the alleged commission of the crime between 15 and 18 years of age come before the Court, he or she shall be treated with dignity and a sense of worth, taking into account his or her young age and the desirability of promoting his or her rehabilitation, reintegration into and assumption of a constructive role in society, and in accordance with international human rights standards, in particular the rights of the child. 2. In the disposition of a case against a juvenile offender, the Special Court shall order any of the following: care guidance and supervision orders, community service orders, counselling, foster care, correctional, educational and vocational training programmes, approved schools and, as appropriate, any programmes of disarmament, demobilization and reintegration or programmes of child protection agencies’. Article 7 appears to have never been applied in actual practice though. Article 26 of the ICC Statute states that ‘[t]he Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime’.
- 28.
Some legal scholars have reserved the term ‘international penitentiary law’ for the inter-State context. Strijards argues that substantive international penitentiary law consists of the material guarantees and standards that regulate the treatment of detainees and prisoners, i.e. the international minimum norms governing domestic penal systems; Strijards 1995, p. 27.
- 29.
ILC, Report of the Study group of the International law Commission, Fragmentation of International Law: Difficulties Arising from the Diversification and Expansion of International Law, U.N. Doc. A/CN.4/L.682/Add.1, 2 May 2006, para 158.
- 30.
ICTR, interview conducted by the author with a senior staff member of the ICTR Office of the Registrar, Arusha–Tanzania, May 2008.
- 31.
Wolff 1996, p. 3.
- 32.
Foucault 1977, p. 22.
- 33.
Maris 1988, p. 5.
- 34.
Ibid.
- 35.
A similar request to conduct interviews was sent to the ICC Registry but was never responded to.
- 36.
The UNDF authorities distributed the questionnaires among 19 detainees of a total detention population of approximately 60 persons. It is not clear on the basis of what criteria the 19 detainees were selected by the UNDF authorities.
- 37.
The author is indebted to Prof. Fred J. Bruinsma for providing interview-training.
- 38.
ICTY, Decision on Radovan Karadžić’s Request for Reversal of Denial of Contact with Journalist, Prosecutor v. Karadžić, Case No IT-95-05/18-PT, Vice-President, 12 February 2009; ICTY, Decision on Request for Reversal of Limitations of Contact with Journalist, Prosecutor v. Karadžić, Case No. IT-95-05/18-PT, Vice-President, 21 April 2009; ICTY, Decision on Radovan Karadžić’s Request for Reversal of Limitations of Contact with Journalist: Russia Today, Prosecutor v. Karadžić, Case No. IT-95-5/18-T, Acting President, 6 November 2009; ICTY, Decision on Radovan Karadžić’s Request for Reversal of Limitations of Contact with Journalist: Le Monde, Prosecutor v. Karadžić, Case No. IT-95-5/18-T, Acting President, 28 October 2009; ICTY, Decision on Request for Reversal of Decision to Monitor Telephone Calls, Prosecutor v. Karadžić, Case No. IT-95-5/18-T, President, 21 April 2011.
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Abels, D. (2012). Introduction. In: Prisoners of the International Community. T.M.C. Asser Press, The Hague, The Netherlands. https://doi.org/10.1007/978-90-6704-888-0_1
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