Consistency and predictability in international sentencing. ICTY and ICTR case study

B. Hola, C.C.J.H. Bijleveld, A.L. Smeulers

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Abstract

The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are the first, post Cold War international criminal tribunals convicting perpetrators of genocide, crimes against humanity and war crimes. Their sentencing practice has been largely criticized as inconsistent. This quantitative study addresses the criticism and empirically investigates the consistency of international sentencing. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that similar, legally relevant patterns have emerged in the sentencing practice of both tribunals. Sentencing in international criminal practice does not appear to be less consistent than sentencing under domestic jurisdictions. © The Author(s) 2012.
Original languageEnglish
Pages (from-to)539-552
JournalEuropean Journal of Criminology
Volume9
Issue number5
DOIs
Publication statusPublished - 2012

Bibliographical note

IF (2011) 1.159

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