Show simple item record

dc.contributor.authorvan der Vyver, Johan D.
dc.date.accessioned2019-04-17T23:01:56Z
dc.date.available2019-04-17T23:01:56Z
dc.date.issued2019-01
dc.identifier.urihttp://hdl.handle.net/10504/122416
dc.description.abstractPunishment in international law must fit the crime, the personal dispensation of the criminal, and the interests of the international community. This basic norm of criminal justice is reflected in Article 78(1) of the Statute of the International Criminal Court (ICC Statute) which provides that “in determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the personal circumstances of the convicted person.”
dc.description.abstractLeaving it up to Drafters of the Rules of Procedure and Evidence to afford substance to this basic principle became necessary due to the time constraints under which the Conference of Diplomatic Plenipotentiaries for an International Criminal Court, that was convened in Rome on June 15 through July 17, 1998, had to complete its primary mission, and the many controversies that prevailed among delegations that tended to prefer their own legal traditions, including constitutional standards of their respective countries.
dc.description.abstractThis essay is focused on circumstances to be considered by a criminal court for purposes of determining an appropriate sentence following the conviction of an accused. It will appear that much confusion prevailed in this regard in the jurisprudence of international tribunals such as the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). One analyst, writing at approximately the turn of the century, observed that judgments of these ad hoc Tribunals on penal policy are “far from being comprehensive” and that “there is no emerging penal regime discernible,” but concluded, somewhat inconsistently, that jurisprudence of the ad hoc Tribunals “is gradually developing into an international law of sentencing.”
dc.publisherCreighton University School of Lawen_US
dc.rightsCopyrighten_US
dc.subject.otherSchool of Lawen_US
dc.subject.otherMagazineen_US
dc.titleInternational Directive Relating to Sentencingen_US
dc.typeJournal Articleen_US
dc.rights.holderCreighton Universityen_US
dc.description.volume10en_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.title.workCreighton International and Comparative Law Journalen_US
dc.description.pages33-86en_US
dc.date.year2019en_US
dc.date.monthJanuary
dc.description.issue1en_US


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record