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From Nuremberg to The Hague - The Future of International Criminal Justice Part 6

Thời gian cải tạo có thể từ vài ngày cho đến chung thân. Khi ra ngoài, tội nhân có thể còn chịu thêm thời gian quản thúc tại gia, hay phải báo cáo định kỳ với nhân viên tòa án tùy vào bản án. Phạm nhân có thể thương lượng với chính quyền về mức độ phạm tội, tội danh, án phạt . để đổi lại sự hợp tác, chỉ chứng hay cung cấp thông tin cho cơ quan tố tụng. Phạt và đền tiền cũng là một hình phạt phổ biến | 90 PHILIPPE SANDS of NewYork in Hatch v. Baez.43 That court was faced with a claim from a plaintiff Mr Davis Hatch that he had suffered injuries in the Dominican Republic as a result of acts done by the defendant Mr Buenaventura Baez in his official capacity of President of the Dominican Republic. When Mr Hatch learnt that former President Baez was present in New York he brought proceedings. The court found that it could in principle exercise jurisdiction given the defendant s presence in New York. But it ruled in favour of the defendant s claim to immunity from its jurisdiction on the grounds that such immunity was essential to preserve the peace and harmony of nations because the acts alleged sprang from the capacity in which the acts were done and because they emanated from a foreign and friendly government.44 The decision was unexceptional based on a traditional judicial respect for the sovereignty of a foreign state. The approach reflected in the 1876 decision was broadly followed by the court of first instance in the Pinochet case which upheld Senator Pinochet s claim to immunity.45 On appeal to the House of Lords in November 1998 however that ruling was overturned by 43 Hatch v. Baez 7 Hun 596 NY 1876 . 44 Ibid. p. 600. 45 Re Augusto Pinochet Ugarte UK High Court of Justice Queen s Bench Division Divisional Court 28 October 1998 1999 38 ILM 68. After Pinochet the role of national courts 91 three votes to two on the ground that customary international law provided no basis to uphold the claim to immunity.46 The significance of the ruling was evident from the fact that it made front-page news around the world most of which was positive.47 That judgment of the House of Lords was later annulled for other reasons 46 R. v. Bow Street Metropolitan Stipendiary Magistrate ex parte Pinochet Ugarte 2000 1 AC 61. 47 For an example of the reaction in the press see Warren Hoge British Court Rules Against Pinochet Now Cabinet Must Weigh Extradition New York Times 26 .