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Vol 23 No 4 April/May 2018

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


ISBN13: 9781849461160
Published: April 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00



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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.

Subjects:
International Criminal Law
Contents:
Introduction
Part I. The Law and Process of Sentencing: National and International Dimensions
Chapter 1. Analysing the Sentencing Process in International Justice
Chapter 2. Sentencing Approaches to International Crimes in National Legal Systems
Part II. Sentencing Law and Practice in International Criminal Law
Chapter 3. The Sentencing Jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda
Chapter 4. Quantitative Analysis of Sentencing Data in the Case Law of the ad hoc Tribunals
Chapter 5. The Sentencing System of the International Criminal Court
Part III. Towards the Construction of Guiding Principles for International Sentencing
Chapter 6. Assessment of Some important Legal Issues for International Sentencing

Series: Studies in International and Comparative Criminal Law

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