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

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: 2009

Abstract

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

Suggested Citation

Hola, Barbora and Smeulers, Alette and Bijleveld, Catrien, Is ICTY Sentencing Predictable? An Empirical Analysis of ICTY Sentencing Practice (2009). Leiden Journal of International Law, 22 (2009), pp. 79-97, Available at SSRN: https://ssrn.com/abstract=2534582

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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