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Netherlands International Law Review (1)

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

Netherlands International Law Review / Volume 60 / Issue 1 / May 2013

Published online by Cambridge University Press:

18 April 2013, pp. 51-72

Print publication:

May 2013
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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.