ICTY and the Culpability of different Types of Perpetrators of International Crimes
Alette Smeulers (ed.) (2010). Collective violence and International Criminal Justice, Antwerp: Intersentia, pp. 175-206
35 Pages Posted: 21 Nov 2014
Date Written: 2010
International crimes are manifestations of collective violence and often state sanctioned. Because of these characteristics it has been alleged that international crimes are a different type of criminality compared to ordinary crimes and that the perpetrator of international crimes is a different kind of perpetrator than the ordinary and common criminal. Within international legal discourse this has triggered the fundamental debate as to whether international criminal law should develop its own concepts and principles rather than relying on the concepts and principles derived from national criminal laws which deal with ordinary crimes. Another intriguing fact is that international criminal law considers genocide and crimes against humanity as manifestly illegal while many perpetrators operate in a social environment in which international crimes are considered necessary and legitimate. We will discuss whether the typology developed by the first author in previous research can be used as a theoretical framework and tool to assess the blameworthiness of individual perpetrators. Next we have investigated the actual ICTY sentencing practice in light of the presented theoretical claims.
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