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

International Criminal Law Review, Vol. 4, 2004

28 Pages Posted: 10 Apr 2012

See all articles by Dr. Shahram Dana

Dr. Shahram Dana

Griffith University - Griffith Law School

Date Written: 2004

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

Suggested Citation

Dana, Shahram, Revisiting the Blaškić Sentence: Some Reflections on the Sentencing Jurisprudence of the ICTY (2004). International Criminal Law Review, Vol. 4, 2004, Available at SSRN: https://ssrn.com/abstract=2037614

Shahram Dana (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

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