Когда опускается занавес: траектории посткриминального поведения международных преступников

Международное правосудие. 2023. № 2(46). С. 33–50.

Evseev A., Сиукаева А. Р.

This article analyzes the procedural and psychological aspects of serving sentences by international
criminals. Special attention is paid to their life after release and the problems that arise in connection
with their reintegration into society. An attempt is made to identify the main psychotypes of criminals,
based on their attitude to their crime and their assessment of their own role in it. The article concludes
that long-term prison isolation generally helps to reduce the criminogenic potential of such persons.
Specific examples show strategies resulting in successful and unsuccessful career-building after serving
a sentence. Particular attention is paid to the situation of prisoners adjudged by the International
Criminal Court for Rwanda, who for years could not return to their homeland or receive shelter in a
third country. In this regard, it is concluded that there is weak coordination of cooperation between
international criminal justice bodies and national authorities. Separate consideration is given to the
question of the purpose of punishment pursued by bodies of international criminal justice. These include
just desert, general prevention, and special prevention. More difficult is the question of the possibility
of rehabilitating an international criminal. At first glance, this goal is a traditional one for
courts and the correctional labor system at the national level. At the same time, what the international
criminal has done testifies to such a profound deformation of the human personality that traditional
means of correction can hardly be effective. Nevertheless, the practice of a number of international
criminal tribunals, primarily the International Criminal Tribunal for the former Yugoslavia, shows the
possibility of correcting such a criminal if the deed was committed under duress. It is concluded that
how an international criminal is perceived in his homeland after serving his sentence and returning
home is largely determined by the values that are held by the local population as a whole.

Keywords: военные преступления, war crimes, международное уголовное правосудие, international criminal justice, международный трибунал по бывшей Югославии, international criminal tribunals, меры наказания