Culture and sentencing at the ICC

This chapter reflects upon whether and how culture is used in sentencing decisions before the International Criminal Court. It argues that the judges have a wide discretion to incorporate cultural considerations into sentencing decisions. Through an examination of the sentencing decisions to date, however it appears that cultural factors have been confined to the gravity determination in sentencing decisions. While it is possible for the Court to include cultural considerations in the assessment of aggravating and mitigating circumstances, the Court has been reluctant to do so. However, more thoroughly considering the cultural context of the crime, perpetrator and victims may increase the sense that justice is being done experienced by all of the participants as it could allow the Court to have a fuller understanding of the activities of the convicted person and their impact on the affected community