Abstract
Perpetrators of international crimes are denoted as ‘hostis humanis generis’ – enemies of all mankind. In the last decades, a number of international courts and tribunals, such as for the Former Yugoslavia, Rwanda, Sierra Leone or the permanent International Criminal Court, convicted and sentenced over 150 of those deemed the most responsible for genocide, crimes against humanity or war crimes. By now, a majority of these military officials, politicians, state functionaries, police officers, prison guards and soldiers have been considered rehabilitated, granted early release, and returned to their societies. This case study of the International Criminal Tribunal for the former Yugoslavia (ICTY) discusses various ways defendants tried and convicted at the ICTY acknowledged their crimes and expressed remorse during proceedings, and how such expressions of contrition were considered in judicial decision making. By analyzing sentencing judgments and early release decisions, this chapter explores the (ir-)relevance of expressions of remorse at the ICTY. Given the specific character of the mass atrocities, their perpetrators and the societies these individuals reintegrate into, it critically reflects upon the peculiar role of remorse for offender rehabilitation and reintegration at the international level.
Published Version
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