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9 - Punishment

Published online by Cambridge University Press:  09 June 2020

William A. Schabas
Affiliation:
Middlesex University, London
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Summary

The Statute does not specify the penalty for specific crimes, leaving it to the Trial Chamber to fix a custodial sentence to a maximum of thirty years and, ‘when justified by the extreme gravity of the crime and the individual circumstances of the convicted person’, life imprisonment. Reflecting developments in international human rights law, the Court excludes any possibility of capital punishment. It may also impose a fine. The main objectives in imposing sentence are retribution and deterrence. Aggravating and mitigating factors are set out in the Rules of Procedure and Evidence. The convicted person may apply for early release after serving two-thirds of the sentence or, in the case of life imprisonment, after twenty-five years. Sentences are served in the domestic prisons of a State Party that has been so designated by the Trial Chamber.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Punishment
  • William A. Schabas, Middlesex University, London
  • Book: An Introduction to the International Criminal Court
  • Online publication: 09 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108616157.010
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  • Punishment
  • William A. Schabas, Middlesex University, London
  • Book: An Introduction to the International Criminal Court
  • Online publication: 09 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108616157.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Punishment
  • William A. Schabas, Middlesex University, London
  • Book: An Introduction to the International Criminal Court
  • Online publication: 09 June 2020
  • Chapter DOI: https://doi.org/10.1017/9781108616157.010
Available formats
×