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

See all articles by Alette Smeulers

Alette Smeulers

Univeristy of Groningen

Barbora Hola

VU University Amsterdam - Faculty of Law

Date Written: 2010

Abstract

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.

Suggested Citation

Smeulers, Alette and Hola, Barbora, ICTY and the Culpability of different Types of Perpetrators of International Crimes (2010). Alette Smeulers (ed.) (2010). Collective violence and International Criminal Justice, Antwerp: Intersentia, pp. 175-206, Available at SSRN: https://ssrn.com/abstract=2527846

Alette Smeulers (Contact Author)

Univeristy of Groningen ( email )

9700 AS Groningen
Netherlands

Barbora Hola

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

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