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K - Sentencing

Published online by Cambridge University Press:  19 October 2018

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Summary

With one Appeals Chamber and four Trial Chamber sentencing judgments rendered since the International Criminal Court’s inception, it may be early to speak of a settled sentencing pattern at the Court. The Court’s legal regime establishes a single sentencing framework that applies to all crimes referred to in article 5 of the Rome Statute, without specifying a penalty or a scale of penalties for each individual crime or mode of liability. Rather, the regime directs judges to consider a variety of factors in determining a sentence while allowing them a wide margin of discretion. This chapter describes the applicable penalties and assesses how Appeals Chambers judges have construed and applied their sentencing discretion including such considerations as restrictions, the principles of culpability and proportionality, the individualisation of sentences, the aim of safeguarding the appeal, and aggravating and mitigating circumstances. It also discusses how the Appeals Chamber has applied articles 77 and 78 of the Rome Statute and rule 145 of the Rules of Procedure and Evidence. It concludes that the Court’s first sentencing appeal judgment addresses some key issues, deferring a few critical ones.
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The Appeals Chamber of the International Criminal Court
Commentary and Digest of Jurisprudence
, pp. 346 - 373
Publisher: Cambridge University Press
Print publication year: 2018

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