Consistency in International Sentencing - ICTY and ICTR Case Study
European Journal of Criminology 9(5), 539-552, 2012
15 Pages Posted: 7 Dec 2014
Date Written: 2012
Abstract
The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are the first, post Cold War international criminal tribunals convicting perpetrators of genocide, crimes against humanity and war crimes. Their sentencing practice has been largely criticized as inconsistent. This quantitative study addresses the criticism and empirically investigates the consistency of international sentencing. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that similar, legally relevant patterns have emerged in the sentencing practice of both tribunals. Sentencing in international criminal practice does not appear to be less consistent than sentencing under domestic jurisdictions.
Keywords: Sentencing, ICTY, ICTR, International crimes, international criminal justice
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