Early release has been regularly granted by the ad hoc tribunals for over 20 years. However, it could be argued that some issues still remain contentious. In fact, in May 2020, the Practice Direction ruling early release in the Mechanism of the International Criminal Tribunals was amended. This was intended to clarify key matters, such as the time needed to be served before early release, the possibility of imposing conditions upon those released, and the unappealable character of the resulting decision. At a glance, it could be argued that the International Criminal Court is better equipped to confront the many challenges posed by early release. This is owing to its detailed regulation, which may consequently lead to a more reasoned and solid case law. After comparatively examining ten features key to the application of early release, however, this paper argues that the ultimate problem lies within the nature generally conferred to early release in the Rome Statute.

20 多年来，特设法庭经常准予提前释放。然而，可以说一些问题仍然存在争议。事实上，在 2020 年 5 月，国际刑事法庭机制中裁定提前释放的《实务指示》已经过修订。这是为了澄清关键事项，例如提前释放所需的时间、对释放者施加条件的可能性以及最终决定的不可上诉性质。乍一看，可以说国际刑事法院更有能力应对提前释放带来的诸多挑战。这是由于其详细的规定，因此可能会导致更合理和更可靠的判例法。然而，在对比研究了早期发布应用的 10 个关键特性后，