Prison standards are an important element of transnational criminal
justice. This Article shows how legal standards governing prison conditions
emerged at the international and regional levels and considers how,
increasingly, they have gained legitimacy. It then describes how these
standards are applied in a way that contributes to a recognizable
transnational legal order in respect of prison conditions, which has real
impact at the national level. The Article pays close attention to the transfer
of prisoners between states, as a mechanism that operates transnationally
and, in the process, enhances the importance of international prison
standards. It concludes that the benefits of common prison standards are
mixed. On the positive side, they have the potential to give states that are
asked to extradite suspects, or transfer sentenced prisoners, leverage to
demand the improvement of prison conditions in the receiving states. There
is, however, a risk that states will accept and implicitly endorse sub-standard
prison conditions in order to rid themselves of troublesome offenders.
van zyl Smit, Dirk
"International Prison Standards and Transnational Criminal Justice,"
UC Irvine Journal of International, Transnational, and Comparative Law: Vol. 4, 97.
Available at: https://scholarship.law.uci.edu/ucijil/vol4/iss1/7