Hostname: page-component-7c8c6479df-24hb2 Total loading time: 0 Render date: 2024-03-28T08:41:57.923Z Has data issue: false hasContentIssue false

POSITIVE OBLIGATIONS AND THE INTERNATIONAL CRIMINAL TRIBUNALS’ LAW OF DETENTION: FUNDING FAMILY VISITS AND THE ICC PRESIDENCY'S NGUDJOLO DECISION

Published online by Cambridge University Press:  18 April 2013

Get access

Abstract

This article addresses the issue of whether the international criminal tribunals are under an obligation to fund family visits for indigent detainees. It examines the concept of positive obligations and its relation to the detention situation and describes the practice of funding family visits as it has developed at the International Criminal Court. It further analyses relevant developments in the Court's case law. It argues that the Court is indeed obliged to fund family visits. In this regard, the mere recognition of a detainee's right to family visits in the tribunals’ legal frameworks and in international soft-law penological standards can be said to inadequately reflect the particularities of international detention.

Type
Articles
Copyright
Copyright © T.M.C. Asser Instituut and Contributors 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)