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Uniform justice and the death penalty

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Chapter Summary

There appears to be an element of incongruity given that two different procedures the national and the international one- that hang together via the Rome Statute may on the one hand lead to a similar qualification of the crime committed, but on the other hand to a qualitatively different punishment. The question that is raised in this chapter is whether such inequality is acceptable from the point of view of the right to a fair trial as a central principle of law. The chapter looks at the (1) complimentarity principle under the Rome Statute; (2) sentencing: the penalties; (3) the death penalty as an exception to the right to life; and (4) the possible conflicting principles. The aim is not to eliminate different penalties, but to create equal justice by piercing the national shield, in order that all suspects are treated in the same way.

Keywords: death penalty; fair trial; Rome Statute; unequal justice; uniform justice



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