Appeal and Sentence in International Criminal LawBWV Verlag, 01.01.2011 - 324 Seiten HauptbeschreibungThe International Tribunals for the former Yugoslavia and Rwanda hold far-reaching sentencing powers. At the same time, consistency and fairness in sentencing are of utmost important to the practice of the Tribunals. Accordingly, the sentencing powers of the Tribunals demand for a system of control. One crucial procedural safeguard to facilitate such control is the scrutiny exercised by the Appeals Chamber. This study analyses both sentencing and appellate law in the International Tribunals. Its fundamental objective is to ensure consistency in punishment by means of appellate review.The study analyses the substantive guidelines for the sentencing decision and describes how these have evolved in the practice of the Tribunals. It then explores the nature and scope of the appeal. In doing so it examines the most important procedural devices and instruments and assesses their practical importance to the appellate process. Finally, it analyses the importance the respective practice of the Tribunals will hold for the future practice of the International Criminal Court. |
Inhalt
Part A Introduction | 13 |
an overview | 23 |
structures of sentencing | 65 |
the appellate process | 161 |
E Implications for the future practice of the ICC | 272 |
F Results | 306 |
G Appendix | 311 |
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17 March 18 December 20 February Accordingly accused accused's additional evidence aggravating factor analysis Appeals Chamber Appellant's appellate process appellate review approach argued arguments Article aspects assessment Blaškić Chamber finds conclusion consideration conviction crime December determining discretion Dragan Nikolić elements error of fact error of law factual findings former Yugoslavia Galić gravity hoc Tribunals ICTR 01 ICTR 96 ICTY ICTY RPE important imposed International Criminal Court International Criminal Law International Criminal Tribunals international law International Tribunals issue Journal of International Judgement and Sentence July jurisprudence Krajišnik Kupreškić limited March mitigating factors Momir Nikolić Mucić obligation offence paras particular principle proceedings Prosecutor punishment reasoned opinion regard relevant respect role Rule Rwanda Sentence TC Sentencing Appeal AC sentencing decision sentencing factors Sentencing Judgement TC sentencing law sentencing practice Seromba Simić single sentence specific standard of review taken into account tencing Trial Chamber trial judgement trial record Tutsi weight