Revisiting the Blaškić Sentence: Some Reflections on the Sentencing Jurisprudence of the ICTY

Abstract

When General Tihomir Blaskic was punished by the ICTY, he received the highest sentence the court had handed out to date: 45 years imprisonment. Four years later, the Appeals Chamber reduced his sentence to nine (9) years, one of the most dramatic reductions in the ICTY's history. This article revisits the Blaskic case in light of the sentencing principles arising the general jurisprudence of the ICTY. In doing so, the article exposes theoretical gaps, methodological inconsistencies, and practical shortcomings of the ICTY's sentencing jurisprudence. The findings have implications for the future punishments of high ranking perpetrators.

Keywords: sentencing, international criminal law, international criminal courts and triubnals, modes of liability and responsibilty, genocide, war crimes, crimes against humanity