Sentencing War Crimes and Crimes against Humanity under the International Criminal Tribunal for the Former Yugoslavia

After all, it appears to make no difference to the victim whether offences such as murder, torture, or imprisonment, are committed as war crimes or as crimes against humanity. Instead, what seems to be more important is that the victim was murdered, tortured or imprisoned. On the other hand, even if it is some how possible to distinguish between war crime and crime against humanity offences, how does one reconcile this distinction with other variables which are relevant to the sentencing calculus for both categories of international crimes, such as the rank of the offender and the offender’s response to the charges?

This books attempts to tackle these questions and ultimately to devise a system of fixed penalties for war crimes and crimes against humanity, which can be globally utilised as a basis for distinguishing between both categories of international crimes in terms of gravity and which is sufficiently flexible to accommodate the full ambit of relevant sentencing variables. Attention has also been given to the jurisprudence of World War two tribunals and national laws on both categories of international crimes.

About the author
Dr. Olaoluwa Olusanya (1975) holds the Bank of Ireland Fellowship in Human Rights and joined the Irish Centre for Human Rights (National University of Ireland, Galway) in that capacity in July 2004. Dr. Olusanya obtained his LL. B Hons. degree from the University of Buckingham in the U.K, his LL. M. degree from the University of Cape Town in South Africa and his LL. D. Degree from the University of the Western Cape in South Africa. He was a visiting PhD Fellow at the Lehrstuhl für deutsches und internationales Strafrecht, Strafprozessrecht und Juristische Zeitgeschichte Institut für Kriminalwissenschaften Humboldt-Universität zu Berlin, as well as a Research Fellow at the Lehrstuhl für Strafrecht, Strafprozessrecht, Rechtsvergleichung und internationales Strafrecht Georg August Universität Göttingen. Dr. Olusanya, is the author of Double Jeopardy without Parameters: Re-Characterisation in International Criminal Law. He is co-editing, as well as contributing to, a book with R. Haveman, Supranational Criminal Law: Punishments and Sanctions. He is also in the advanced stage of a fourth book, Identifying the Aggressor under International Criminal Law: A Principles Approach,

• ISBN: 9076871426
• Publisher: Europa Law Publishing
• Author: Dr. O. Olusanya
• Language: English
• Type: Hardback

Price: 52.00 €

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