Is ICTY Sentencing Predictable? An Empirical Analysis of ICTY Sentencing Practice
Leiden Journal of International Law, 22 (2009), pp. 79-97
19 Pages Posted: 7 Dec 2014
Date Written: 2009
This quantitative study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY). The sentencing process is only loosely regulated by the ICTY Statute, and consequently it is not clear how judges exercise their broad discretionary sentencing powers in practice. By analysing the existing case law, legal factors influencing the sentencing decisions are examined. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that the sentence can be to a large extent predicted by legal criteria. The number of offences and the rank of the offender are the strongest predictors of sentence length in the model.
Keywords: ICTY, sentencing, international crimes, international criminal justice, empirical analysis
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