IV. Sentencing

Books

Robert Cryer, et al., Introduction to International Criminal Procedure (2007) [unavailable online without purchase]

  • Basic overview on guilty pleas and plea bargaining in international tribunals as well sentencing and penalties. Details the purposes of sentencing and its practice at the international tribunals. See Chapter 17, pg. 467: Admission of guilt, guilty pleas, plea bargaining; Chapter 19, pg. 494: Sentencing and Penalties (additional resources listed on pg. 505-506).

Frederik Harhoff, Chapter 9: Sense and Sensibility in Sentencing, Taking Stock of International Criminal Punishment 133-152 (2007), in Law at War: The Law as it Was and the Law as it Should Be (2008) [available online with subscription]

  • This chapter offers a few observations on international sentencing based respectively upon the practice of the two UN Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). The sentencing principles developed so far by the Tribunals in respect of war crimes are of course derived from the principles in domestic law. The chapter also takes a closer look at the judicial process whereby sentences are determined under international criminal law by international criminal tribunals that are competent to prosecute individuals for genocide, crimes against humanity and war crimes.

Daniel B. Pickard, Proposed Sentencing Guidelines for the International Criminal Court (1997)[available online for free]

  • General background on sentencing in international tribunals and review of historical sentencing principles. Presents analytical model detailing proposed sentencing guidelines for international crimes of genocide, crimes against humanity, and war crimes.

Andrew N. Keller, Punishment for VIolations of International Criminal Law; An Analysis of Sentencing at the ICTY and ICTR (2001) [available online for free]

  • Review of sentencing issues at the ICTY and ICTR. Background on the relevant statutory provisions in the ICTR/ICTY regarding sentencing and philosophy of sentencing. References specific cases in these tribunals.

Barbara Hola, Sentencing of International Crimes at the ICTY and ICTR: Consistency of Sentencing Case Law (2012) [download for free]

  • This article analyses ‘consistency in approach’ of sentencing ICTY and ICTR. The conclusions demonstrate that on a general level, a set of sentencing principles is consistently emphasized in the ICTY and ICTR cases. The inconsistencies and disparities across cases are, however, identified with respect to particularities, such as what factors are relevant for the gravity assessment and whether a particular mitigating/aggravating factor indeed aggravates/mitigates the sentence in a particular case. On the basis of a critical examination of the ICTY and ICTR case law the article offers suggestions on how to develop more transparent and understandable sentencing practices.

William A. Schabas, Sentencing by International Tribunals: A Human Rights Approach(1997) [available online for free]

  • This article addresses issues raised in sentencing offenders before the ICTY and ICTR. In particular, it argues that there needs to be greater attention paid to the nexus of international criminal and human rights law.