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"Preface" [2016] ELECD 766; in Mulgrew, Róisín; Abels, Denis (eds), "Research Handbook on the International Penal System" (Edward Elgar Publishing, 2016) xiii

Book Title: Research Handbook on the International Penal System

Editor(s): Mulgrew, Róisín; Abels, Denis

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783472154

Section Title: Preface

Number of pages: 2

Extract:

Preface


Since the establishment of the ICTY, ICTR and ICC legal scholars have increasingly
shown an interest in the field of international criminal justice. Much research has been
done on both substantive international criminal law and the law of international
criminal procedure. These two components of international criminal law have gradually
developed into separate bodies of law. In the domestic context, however, criminal law is
usually recognized as having not just a dual, but a tripartite structure, consisting of
substantive law, procedural law and sanctioning law. Sanctioning law consists of such
aspects as theories and objectives of punishment, penalties, sentencing, enforcement
and release. This book analyses these issues from an international criminal justice
perspective. It sets out the sanctioning law of the international criminal tribunals and
courts, examines its boundaries and explores its core themes.
This Handbook recognizes the social reality that international criminal courts must
deal with detainees and prisoners without the developed legal framework, specialist
expertise or infrastructure present in domestic penal systems. Accordingly, the inter-
national criminal justice context poses unique challenges for international criminal
courts. They must deal with a high-profile population of detained persons in a system
entirely dependent on the voluntary cooperation of host States, enforcing States and
international organizations. Given the proliferation of international courts and the
increasing number of cases before them, international penal law, policy and practice are
rapidly expanding. The difficulties involved in implementing this law often pose
practical and political dilemmas for international criminal courts. Its implementation
also ...