Abstract
Modern international tribunals have developed a presumption of unconditional early release after prisoners serve two thirds of their sentences, which decreases transparency and is generally out of line with the goals of international criminal law. I trace the development of this doctrine to a false analogy with the law of domestic parole. I then suggest an alternative approach based on prisoners' changed circumstances and enumerate criteria for tribunals to use in future early release decisions.
| Original language | English (US) |
|---|---|
| Pages (from-to) | 1784-1828 |
| Number of pages | 45 |
| Journal | Yale Law Journal |
| Volume | 123 |
| Issue number | 6 |
| State | Published - 2014 |
| Externally published | Yes |