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Some Issues for Sentencing in the International Criminal Court

Henham, Ralph
June 4, 2015

Source: (2003) International and Comparative Law Quarterly. 52: 81-114.

Ralph Henham’s purpose in this paper is to explore several significant issues concerning the sentencing of offenders to be convicted in the newly established International Criminal Court (ICC). Henham’s perspective is that the impact of the terrorist attacks in New York and Washington in 2001 has thrown into sharp focus critical deficiencies in the purpose, coherence, and practical mechanisms of sentencing in the ICC. The terrorist attacks force a reexamination of questions relating to the penality of the international trial process (such as the limits of retribution and vengeance), the construction of criminality, and the impact of globalised systems of punishment on regional and domestic criminal justice processes and policies.


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