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Culture and sentencing at the ICC
Michelle Coleman 
Intersections of Law and Culture at the International Criminal Court, Pages: 268 - 287
Swansea University Author:
Michelle Coleman
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DOI (Published version): 10.4337/9781839107306.00023
Abstract
This chapter reflects upon whether and how culture is used in sentencing decisions before the International Criminal Court. It argues that the judges have a wide discretion to incorporate cultural considerations into sentencing decisions. Through an examination of the sentencing decisions to date, h...
| Published in: | Intersections of Law and Culture at the International Criminal Court |
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| ISBN: | 9781839107290 9781839107306 |
| Published: |
Edward Elgar Publishing
2020
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa59206 |
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| Abstract: |
This chapter reflects upon whether and how culture is used in sentencing decisions before the International Criminal Court. It argues that the judges have a wide discretion to incorporate cultural considerations into sentencing decisions. Through an examination of the sentencing decisions to date, however it appears that cultural factors have been confined to the gravity determination in sentencing decisions. While it is possible for the Court to include cultural considerations in the assessment of aggravating and mitigating circumstances, the Court has been reluctant to do so. However, more thoroughly considering the cultural context of the crime, perpetrator and victims may increase the sense that justice is being done experienced by all of the participants as it could allow the Court to have a fuller understanding of the activities of the convicted person and their impact on the affected community. |
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| College: |
Faculty of Humanities and Social Sciences |
| Start Page: |
268 |
| End Page: |
287 |