This article explores the concept of rehabilitation as a sentencing aim at the International Criminal Tribunal for the former Yugoslavia (icty) and the International Criminal Court (icc). All sentencing decisions and early release decisions, as well as the positive law of the icty and the icc were examined alongside relevant scholarly literature to explore the institutions’ conceptualisation of rehabilitation. The comparative qualitative analysis showed that there is considerable incoherence in the conceptualisation of rehabilitation, both within the icty, as well as between the icty and the icc. At the icty, rehabilitation holds a negligible role within the judgments, yet, paradoxically, evidence of successful rehabilitation is a requirement for early release. The comparison between the sentencing decisions and early release decisions of the icty with those of the icc demonstrated that the focus has shifted from rehabilitating individual perpetrators to reconciling communities.

本文探讨了在前南斯拉夫国际刑事法庭（icty）和国际刑事法院（icc）作为量刑目标的康复概念。所有的量刑决定和提前释放的决定，还有的实在法南问题国际法庭和国际刑事法院进行了检查相关旁边学术文献探索机构的康复概念化。比较定性的分析表明，有康复的概念化，无论是内相当大的不连贯南问题国际法庭，以及之间前南国际法庭和国际刑事法院。在南问题国际法庭，康复在判断中的作用微不足道，然而，自相矛盾的是，成功康复的证据是早期释放的必要条件。icty的判决判决和早期释放判决与icc判决之间的比较表明，重点已从恢复个人犯罪者转变为和解社区。