A few thoughts on guaranties inherent to the rule of law as applied to sanctions and the prosecution and punishment of war crimes

War crimes are among the most serious crimes; that is why international courts and tribunals have jurisdiction to prosecute and punish them. However, serious though they are, it is not legitimate to punish them in such a way as to exceed the bounds of respect for human rights. The author considers that, when the perpetrators of war crimes are prosecuted and punished, criteria inherent to the rule of law like those applied by the European Court of Human Rights (such as legality and proportionality) must be me

Victims and international criminal justice: a vexed question?

Despite the growing attention being paid to "victims” in the framework of criminal proceedings, this attention does not seem to be meeting their needs under either national criminal justice systems or the international regime. In the latter, the difficulties encountered by the victims are aggravated by factors specifically arising from the prosecution and punishment of mass crimes at international level. This has prompted the authors to point out that the prime purpose of criminal law is to convict or acquit the accused, and to suggest that the task of attending to the victims should perhaps be left to other entitie

Accused for Involvement in Collective Violence: The Discursive Reconstruction of Agency and Identity by Perpetrators of International Crimes

This study explores discourses about involvement in violent intergroup conflict and international crimes from the perspective of perpetrators. Through a critical discourse analysis of 12 personal interviews carried out with individuals accused by the International Criminal Tribunal for the Former Yugoslavia (ICTY) for crimes committed during the Yugoslav conflicts, we uncover how their discourse reveals conceptions of lacking agency and powerlessness during the conflict, how it reconstructs power relationships within and between ethnic groups, and how it reflects identity management strategies destined to elude blame and responsibility. Our findings demonstrate how discourses are tainted by the legitimizing framework in which the conflict unfolded but also how they are shaped by the particular context of the communicative situation. Findings are discussed in terms of their significance for international criminal justice and its stated objectives

L'exécution des peines en droit international pénal : une coopétition de droits

info:eu-repo/semantics/publishe

Enforcement of sentences

Art. 27 of the StICTYinfo:eu-repo/semantics/publishe

Review by the Court concerning reduction of sentence

Art. 110 of the StICCinfo:eu-repo/semantics/publishe