ELEMENTS OF AGGRAVATION IN ICC SENTENCING: VICTIM CENTRED PERSPECTIVES

Tonny Raymond Kirabira

doi:10.37974/alf.406

Abstract

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

Highlights

Victims’ rights and their participation in international criminal prosecution has received growing attention in international criminal law scholarship.[1]
While deGuzman advances a normative account of the role of gravity in international criminal law,[15] this article attempts to reframe the concept of aggravating factors to justify a victim-oriented approach to sentencing
Harmon and Gaynor argue that ‘the first aim of punishment must be to restore and reinforce respect for human dignity’, due to the dehumanizing nature of mass atrocities against target populations.[139]. This Article has made a case for substantive justice for victims at the International Criminal Court (ICC), through the sentencing framework

Summary

Introduction

Victims’ rights and their participation in international criminal prosecution has received growing attention in international criminal law scholarship.[1]. While deGuzman advances a normative account of the role of gravity in international criminal law,[15] this article attempts to reframe the concept of aggravating factors to justify a victim-oriented approach to sentencing. It traces the victims’ discourse from the ICC’s legislative history in order to delineate the Chambers’ sentencing practice. The article makes a critical analysis of and a reflection upon the Rome Statute’s legislative history and case law, in light of the theoretical framework of victim’s justice It makes a critical assessment of ICC’s sentencing practice, focusing on the discourses on aggravating factors. The article concludes with suggestions for how the Chambers can further assess aggravating factors, in line with a victim centred approach to justice

II.1 Victims’ Rights in the Rome Regime

II.2 Victims’ Rights in Relation to Sentencing

Legislative History of the Rome Regime as a Foundation for Victims’ Justice

Courts’ Assessment of Aggravating Circumstances

Conclusion