Abstract

http://ssrn.com/abstract=916002
 
 

Footnotes (115)



 


 



Sentencing for the 'Crime of Crimes': the Evolving 'Common Law' of Sentencing of the International
Criminal Tribunal for Rwanda


Robert D. Sloane


Boston University - School of Law


Journal of International Criminal Justice, Vol. 5, pp. 713-34, 2007
Columbia Public Law Research Paper No. 06-113
Boston Univ. School of Law Working Paper No. 07-16

Abstract:     
Absent much prescriptive guidance in its Statute or other positive law, the International Criminal Tribunal for Rwanda (ICTR) has been developing, in effect, a 'common law' of sentencing for the most serious international crimes: genocide and crimes against humanity. While it remains, as the Appeals Chamber has said, premature to speak of an emerging 'penal regime', and the coherence in sentencing practice that this denotes, this comment offers some preliminary reflections on the substantive law and process of sentencing as it has evolved through ICTR practice. Above all, I argue, sentencing must, but has not yet, become an integral part of international criminal justice rather than, as it has historically been treated, an 'afterthought'. The lack of sufficient attention to sentencing, evident procedurally in the ICTR's abandonment of distinct sentencing hearings and the expedient of 'transactional sentencing', at times manifests itself in perfunctory sentencing analyses and jurisprudential confusion over the proper role of ostensible sentencing factors including 'gravity of the offence', 'zeal', 'heinous means', 'prior good character', and 'voluntary commission'. Because of the inherent gravity of the crimes, the ICTR's lack of adequate attention to sentencing has not, by and large, led it to impose quantitatively incorrect sentences. But qualitatively, neglect of sentencing inhibits the 'common law' evolution of a mature penal jurisprudence that can contribute to the long-term normative goals of international justice.

Number of Pages in PDF File: 22

Keywords: sentencing, genocide, Rwanda, ICTR, international criminal tribunals

JEL Classification: K14, K33

Accepted Paper Series


Download This Paper

Date posted: July 13, 2006  

Suggested Citation

Sloane, Robert D., Sentencing for the 'Crime of Crimes': the Evolving 'Common Law' of Sentencing of the International Criminal Tribunal for Rwanda. Journal of International Criminal Justice, Vol. 5, pp. 713-34, 2007; Columbia Public Law Research Paper No. 06-113; Boston Univ. School of Law Working Paper No. 07-16. Available at SSRN: http://ssrn.com/abstract=916002

Contact Information

Robert D. Sloane (Contact Author)
Boston University - School of Law ( email )
765 Commonwealth Avenue
980B
Boston, MA 02215
United States
Feedback to SSRN


Paper statistics
Abstract Views: 857
Downloads: 189
Download Rank: 91,824
Footnotes:  115

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.266 seconds