Sentencing in International Criminal Law: The approach of the two UN ad hoc Tribunals and future perspectives for the International Criminal Court

Abstract

My thesis focuses on the topic of sentencing in international criminal law. The title - Sentencing in International Criminal Law: The Approach of the two UN ad hoc Tribunals and future perspectives for the International Criminal Court - already indicates the central role occupied by the jurisprudence of the ICTY and ICTR in this analysis. The motivation in undertaking research on the topic of international sentencing is rooted in the belief that a study of this kind could contribute to the current debate and provide an interesting contribution to the existing literature. In particular, my research intends to achieve three main objectives: 1) to clarify the scope of international sentencing law; 2) to highlight problems arising from the current sentencing practice of the ad hoc Tribunals; and 3) to indicate possible ways of addressing such problems and developing a coherent system of guiding principles for sentencing in international criminal justice. The research questions that guided my analysis and that this thesis addresses are the following: - What is the current and evolving tendency of international criminal justice? - Are the purposes of punishment at the international level comparable to those of national sentencing? - How can the ‘principle of proportionality’ be applied in international sentencing? - Is the principle of legality of penalties fully respected? - Which are the influential factors on sentencing that can be appreciated throughout the jurisprudence of the ICTY and ICTR? - Is it possible to identify consistent patterns or trends for international sentencing emerging from the practice of the ad hoc Tribunals?