Consistency in International Sentencing - ICTY and ICTR Case Study

European Journal of Criminology 9(5), 539-552, 2012

15 Pages Posted: 7 Dec 2014

See all articles by Barbora Hola

Barbora Hola

VU University Amsterdam - Faculty of Law

Catrien Bijleveld

University of Amsterdam - Faculty of Law

Alette Smeulers

Univeristy of Groningen

Date Written: 2012

Abstract

The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are the first, post Cold War international criminal tribunals convicting perpetrators of genocide, crimes against humanity and war crimes. Their sentencing practice has been largely criticized as inconsistent. This quantitative study addresses the criticism and empirically investigates the consistency of international sentencing. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that similar, legally relevant patterns have emerged in the sentencing practice of both tribunals. Sentencing in international criminal practice does not appear to be less consistent than sentencing under domestic jurisdictions.

Keywords: Sentencing, ICTY, ICTR, International crimes, international criminal justice

Suggested Citation

Hola, Barbora and Bijleveld, Catrien and Smeulers, Alette, Consistency in International Sentencing - ICTY and ICTR Case Study (2012). European Journal of Criminology 9(5), 539-552, 2012, Available at SSRN: https://ssrn.com/abstract=2534576

Barbora Hola

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

Catrien Bijleveld

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

Alette Smeulers (Contact Author)

Univeristy of Groningen ( email )

9700 AS Groningen
Netherlands

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