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Towards A Unique Theory Of International Criminal Sentencing, Jens David Ohlin
Towards A Unique Theory Of International Criminal Sentencing, Jens David Ohlin
Cornell Law Faculty Publications
International criminal law currently lacks a robust procedure for sentencing convicted defendants. Legal scholars have already critiqued the sentencing procedures at the ad hoc tribunals, and the Rome Statute does little more than refer to the gravity of the offense and the individual circumstances of the criminal. No procedures are in place to guide judges in exercising their discretion in a matter that is arguably the most central aspect of international criminal law - punishment. This paper argues that the deficiency of sentencing procedures stems from a more fundamental theoretical deficiency - the lack of a unique theory of punishment …
Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl
Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl
Scholarly Articles
Implementation of the law requires strategic cooperation. No surprise there: It does so even in the most taut domestic polity. Law is intrinsically contingent. And political. But what does the particularly acute dependency of international criminal law on political cooperation teach us about its pertinence? Its promise? Its limits? It is one thing to assess the functionality of international criminal law. It is another to gauge the value of international criminal law, when actuated through adversarial trials, in reconstituting shattered communities; and its effectiveness as a tool of transitional justice. At its core, Virtual Trials is an analysis about functionality. …