Sentencing in International Criminal Law The Approach of the Two ad hoc Tribunals and Future Perspectives for the International Criminal Court

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.Foreword by Pierre-Marie Dupuy v Foreword by Judge Theodor Meron vii Acknowledgements ix Detailed Contents xiii List of Figures xix Table of Cases xxi Table of Legislation xxxix Table of Conventions, Treaties, etc xlv List of Abbreviations and Terminology li Introduction 1 Part I. The Law and Process of Sentencing: National and International Dimensions 7 Chapter 1. Analysing the Sentencing Process in International Justice 9 Chapter 2. Sentencing Approaches to International Crimes in National Legal Systems 57 Part II. Sentencing Law and Practice in International Criminal Law 109 Chapter 3. The Sentencing Jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda 111 Chapter 4. Quantitative Analysis of Sentencing Data in the Case Law of the ad hoc Tribunals 203 Chapter 5. The Sentencing System of the International Criminal Court 263 Part III. Towards the Construction of Guiding Principles for International Sentencing 287 Chapter 6. Assessment of Some important Legal Issues for International Sentencing 289 Conclusion 321 Annex 325 Bibliography 379 Index 407Published version of EUI PhD thesis, 200