International Sentencing Facts and Figures: Sentencing Practice at the ICTY and ICTR

Journal of International Criminal Justice (2011) 9(2), 411-439

29 Pages Posted: 7 Dec 2014

See all articles by Barbora Hola

Barbora Hola

VU University Amsterdam - Faculty of Law

Alette Smeulers

Univeristy of Groningen

Catrien Bijleveld

University of Amsterdam - Faculty of Law

Date Written: 2011

Abstract

This comparative, empirical study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). It would appear that there are large differences in ICTY and ICTR sentencing practice. This apparent divergence is examined in greater detail by describing the sentencing behaviour of the courts in relation to different categories of crime, types of offence, scale of crime, modes of individual liability, ‘ranking’ of defendants and finally, aggravating and mitigating factors. Sentencing practice in light of the above factors is then juxtaposed to reveal the differences between the Tribunals and between different categories of cases.

Keywords: ICTY, ICTR, sentencing, international crimes, international criminal justice

Suggested Citation

Hola, Barbora and Smeulers, Alette and Bijleveld, Catrien, International Sentencing Facts and Figures: Sentencing Practice at the ICTY and ICTR (2011). Journal of International Criminal Justice (2011) 9(2), 411-439, Available at SSRN: https://ssrn.com/abstract=2534581

Barbora Hola (Contact Author)

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
1081 HV Amsterdam
Netherlands

Alette Smeulers

Univeristy of Groningen ( email )

9700 AS Groningen
Netherlands

Catrien Bijleveld

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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