Relevant Factors in Sentencing
In addition to the general sentencing practice in the courts of the former Yugoslavia and Rwanda, the trial chamber will take into account the gravity of the offence which it must punish and all other relevant circumstances pertaining to the conduct in question (whether mitigating or aggravating). Also, the court will give due regard to the time which the individual might already have spent in detention and the extent to which any penalty imposed upon him by another court for the same act has already been served. Within that general framework, the trial chamber possesses a large amount of discretion to decide upon a sentence appropriate to the crimes and the individual being sentenced. This chapter looks at three factors relevant to sentencing international crimes within the jurisdiction of the ad hoc tribunals for Rwanda and the former Yugoslavia: gravity of the acts of the accused, mitigating and aggravating factors, the totality principle, and individualisation of sentences.
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