Abstract
This chapter provides a compilation of the most important findings and recommendations of this research. On the basis of those findings and recommendations, the study’s working-hypothesis is answered in the affirmative in relation to a number of aspects of the tribunals’ detention law. In view of the particularities of the international detention context, it is argued that the competent authorities are not only obliged to act in accordance with the tribunals’ own legal frameworks and with the relevant human rights law and penal standards, but must also make additional efforts in order to ensure that international detainees may actually enjoy their rights.
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Notes
- 1.
Kelk 2008, p. 36.
- 2.
Id., pp. 34, 35.
- 3.
ICTY, interview conducted by the author with David Kennedy, Commanding Officer of the ICTY UNDU, The Hague—Netherlands, 17 June 2011.
- 4.
Livingstone 2000, p. 318.
- 5.
ECtHR, Ezeh and Connors v. the United Kingdom, judgment of 9 October 2003, Application Nos. 39665/98 and 40086/98, para 89.
- 6.
Harvard Center for Criminal Justice (Dauber et al.) 1972, p. 203.
- 7.
Harding 2007, p. 548.
- 8.
Van Kalmthout et al., Volume I, 2007, p. 18.
- 9.
CoE, Recommendation (84)12, concerning foreign prisoners, adopted by the Committee of Ministers on 21 June 1984 at the 374th meeting of the Ministers’ Deputies.
- 10.
Van Kalmthout et al., Volume I, 2007, pp. 78–88.
- 11.
Regulations to Govern the Supervision of Visits to and Communications with Detainees, established by the Registrar (issued by the Registrar and the Commanding Officer) in May 1996 (on file with the author).
- 12.
See Van Kempen 2008, p. 26.
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© 2012 T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors
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Abels, D. (2012). Concluding Remarks and Recommendations. 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_9
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DOI: https://doi.org/10.1007/978-90-6704-888-0_9
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