Proportionate Sentencing at the International Criminal Court

The Law and Practice of the International Criminal Court, Carsten Stahn ed. (Oxford University Press, 2014 Forthcoming)

Temple University Legal Studies Research Paper No. 2014-15

32 Pages Posted: 26 Apr 2014 Last revised: 29 May 2014

See all articles by Margaret M. deGuzman

Margaret M. deGuzman

Temple University - James E. Beasley School of Law

Date Written: April 10, 2014

Abstract

This book chapter proposes a theory of proportionate sentencing for the International Criminal Court (ICC). It argues that the ICC should reject the focus on retribution advocated in much of the scholarship on international sentencing. Instead, the judges should craft an approach to proportionality that aims to promote the ICC’s core mission of preventing crimes. Preventive proportionality at the ICC should primarily focus on ensuring appropriate norm expression and secondarily on other aspects of prevention such as deterrence, incapacitation, and restorative justice. The judges should apply the principle of parsimony to identify the least severe punishment they believe will contribute to the prevention of future international crimes. The concept of retribution should function at most as a limiting principle, ensuring that judges inflict no more punishment than they believe an offender deserves.

Keywords: proportionality, criminal law, sentencing, transitional justice, punishment

JEL Classification: K14, K33

Suggested Citation

deGuzman, Margaret M., Proportionate Sentencing at the International Criminal Court (April 10, 2014). The Law and Practice of the International Criminal Court, Carsten Stahn ed. (Oxford University Press, 2014 Forthcoming); Temple University Legal Studies Research Paper No. 2014-15. Available at SSRN: https://ssrn.com/abstract=2423501 or http://dx.doi.org/10.2139/ssrn.2423501

Margaret M. DeGuzman (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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