Punishment and Process in International Criminal Trials
International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.
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Internationalisation and Sentencing
Procedural Rules and Trial Practice
Sentencing as Social Reality
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accused Appeals Chamber approach argued Article Ashworth behaviour communitarian comparative contextual analysis concept conceptualisation concerns context of international contextual model Cotterrell Court crimes criminal process cultural deconstructing determining deterrence discretionary decision-making evaluation existing foundation instruments global guilty plea Henham hoc tribunals human rights ICC Statute ICTR ICTY ideology implications individual individualisation International Criminal Court international criminal justice international criminal law international criminal trials international humanitarian law international penality international punishment international sentencing process international trial international tribunals internationalised issues judicial discretion judicial discretionary jurisdictions norms notion offender paradigm particular plea agreements plea bargaining principles Procedure and Evidence prosecution Prosecutor rationales rationalisations recognise reconciliation reflect regarding rehabilitation relating relationship relevant restorative justice retributive punishment retributivism Rules of Procedure Schabas sentence decision-making sentencing decisions Sentencing Judgement sentencing law sentencing practice significance structures suggests symbolic theoretical transformative Trial Chamber trial process truth understanding victim communities victim participation whilst