The Study On The System Of The Transfer Of The International Criminal Court's Sentenced Person

With the emergence of transnational crimes, the system of the transfer of the sentenced persons—a formation of an international criminal justice cooperation system—came into being, which is helpful for tsentenced persons to facilitate access to rehabilitation and reintegration into society.After the establishment of the International Criminal Court, because of lacking in its own implementing agencies and implementing force, the system of transfer of sentenced person, as the only way to enforcement of judgments imposed by the International Criminal Court, is clearly provided by the Statute of the International Criminal Court。The X of "the Statute" made provision for the transfer system of the International Criminal Court's sentenced person, such as the designated countries, the supervision of the transfer of the sentenced person, the arrangement after the expiry. To some extent, the system of the transfer of the International Criminal Court's sentenced person overcomes the defects of the other international criminal courts,but, because there are still many less well developed areas in the system itself:enforcement of rules is vague, the implementation of standards is inconsistent, and supervision mechanism is not perfect, etc. Those seriously affect the International Criminal Court to achieve criminal justice. In view of this, the International Criminal Court and the international community should re-examine the system of the transfer of the International Criminal Court's sentenced person, so that they can find practical ways to implement decisions. At the level of consciousness, the international community should reshape the international criminal justice philosophy, change the punishment of international punishment purposes, change the standard sense of the principle of sovereignty, and build international awareness of the prison. At the operational level, the International Criminal Court should furtherly strengthen the oversight mechanisms of the enforcement of sentences. On base of the consistent implementation of standards, the International Criminal Court should take all kinds of monitoring forms, build its own oversight bodies, and pay more attention to the effect of supervision. Finally, the international community could consider to establish a network of international control of the prison, which is consistent with the international criminal policy and also is a critical step to success for the International Criminal Court.