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Journal of International Criminal Justice Advance Access published online on July 5, 2007
Journal of International Criminal Justice, doi:10.1093/jicj/mqm023
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© Oxford University Press, 2007, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Original Papers

Developing Contextualized Rationales for Sentencing in International Criminal Trials

A Plea for Empirical Research

Ralph Henham*

* Professor of Criminal Justice, Nottingham Law School, Nottingham Trent University, UK. [ ralph.henham{at}ntu.ac.uk]


  Abstract

The aim of this article is to illustrate how the pervading ideology of retributivism has affected the norms and practice of sentencing in international criminal trials. It examines the nature and operation of international sentencing law and procedure and the parameters set for the exercise of discretionary power, suggesting how these militate against the development of more constructive rationales for punishment because of their continued emphasis on principles of consistency and proportionality. It is argued that the rationales for international sentencing need to engage more with the aspirations for justice of victims and post-conflict societies. This would suggest a re-evaluation of punishment and a change in the sentencing practices of international criminal tribunals. The article concludes that comparative contextual analysis could provide important insights, which would be of great assistance for international sentencing.


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