Abstract
The article examines whether the ICC’s jurisprudence on sentencing subverts or adopts a victim-oriented justice and whether the Chambers’ discourses are consistent with the Rome Statute’s legislative history. It argues that this legislative history is an instructive reflection of the drafters’ goals regarding victims’ rights and justice. A doctrinal review of the court’s Preparatory Works and sentencing jurisprudence reveals a potential for a victim-oriented approach to justice. This article thus advances a theory of justice for victims during the court’s sentencing practice. Ultimately, it has implications for our understanding of substantive rights of victims, beyond the procedural notions of international criminal justice.
Original language | English |
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Pages (from-to) | 25-42 |
Number of pages | 18 |
Journal | Amsterdam Law Forum |
Volume | 13 |
Issue number | 2 |
Publication status | Published - 6 Jul 2021 |
Keywords
- victims
- International Criminal Court
- sentencing
- aggravating factors
- International Criminal Law