This book deals with sentencing in international criminal law, focusing on the approach of the UN ad hoc Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR). In contrast to sentencing in domestic jurisdictions, and in spite of its growing importance, sentencing law is a part of international criminal law that is still 'under construction' and is unregulated in many aspects. International sentencing law and practice is not yet defined by exact norms and principles and as yet there is no body of international principles concerning the determination of sentence, notwithstanding the huge volume of sentencing research and the extensive modern debate about sentencing principles. Moreover international judges receive very little guidance in sentencing matters: this contributes to inconsistencies and may increase the risk that similar cases will be sentenced in different ways. One purpose of this book is to investigate and evaluate the process of international sentencing, especially as interpreted by the ICTY and the ICTR, and to suggest a more comprehensive and coherent system of guiding principles, which will foster the development of a law of sentencing for international criminal justice. The book discusses the law and jurisprudence of the ad hoc Tribunals, and also presents an empirical analysis of influential factors and other data from ICTY and ICTR sentencing practice, thus offering quantitative support for the doctrinal analysis. This publication is one of the first to be entirely devoted to the process of sentencing in international criminal justice. The book will thus be of great interest to practitioners, academics and students of the subject.

HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers. At the same time, consistency and fairness in sentencing are of utmost important to the practice of the Tribunals. Accordingly, the sentencing powers of the Tribunals demand for a system of control. One crucial procedural safeguard to facilitate such control is the scrutiny exercised by the Appeals Chamber. This study analyses both sentencing and appellate law in the International Tribunals. Its fundamental objective is to ensure consistency in punishment by means of appellate review.The study analyses the substantive guidelines for the sentencing decision and describes how these have evolved in the practice of the Tribunals. It then explores the nature and scope of the appeal. In doing so it examines the most important procedural devices and instruments and assesses their practical importance to the appellate process. Finally, it analyses the importance the respective practice of the Tribunals will hold for the future practice of the International Criminal Court.

International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.

International criminal justice is challenged to better reflect legitimate victim interest. This book provides a framework for achieving synthesis between restorative and retributive dimensions within international criminal trials in order to achieve the peace-making aspirations of the International Criminal Court.

International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.

Drawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal Systemcritically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development. This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice. Contributors:D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. Young

The analysis of national systems shows that states do not follow a single legislative model to govern criminal responsibility for international crimes at the national level, and often face doubts as to how far they are only expected to copy international constructions, and how far they should modify treaty or customary international law solutions to adapt them to their specific needs or legal culture. In the presented texts, the reader will find a range of commentaries on the definition of crimes, the rules of jurisdiction, the rules of responsibility, as well as difficulties in the framing of specific crimes within a judgement. The texts refer to the practice of national courts as well as international and internationalized courts. The authors of this publication hope that showing various national perspectives, political and – at times – cultural impacts on certain legal solutions will both facilitate understanding of the doubts as to the current form of international law norms and the system of international justice now in operation, and enable learning lessons for the future directions of amendments to national legislations, so that errors or difficulties once encountered in some countries could be turned into more robust legal constructions in others.

This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

This book covers sentencing in international criminal law with a particular focus on the International Criminal Court. The author gives a critical examination of the issue of sentencing rationales in international criminal law including an overview of the theories advanced by scholars.The first section studies whether it is possible to find a norm of international law providing for the aims of sentences in the law and practice of pure international criminal jurisdictions created before the entry into force of the Statute of the International Criminal Court. The second section analyses the issue of sentencing at the International Criminal Court, by focusing on the provisions of its Statute, on the relevant rules of internationally recognized human rights law and on the Court’s first practice. The book concludes with a re-organization of principles and thus offers a consistent approach to the penal justifications of sentencing for the International Criminal Court.