Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Do crimes against humanity deserve a higher sentence than war crimes?

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of International Criminal Law Review

This article examines the issue of penalties for crimes against humanity and war crimes as imposed by the judges of the International Criminal Tribunal for the former Yugoslavia (ICTY). At the moment, if for example A murders B, C, and D in the course of an armed conflict, it appears to makes no difference in terms of penalties if he is ultimately convicted under crimes against humanity or war crimes, what appears to matter is the fact that he committed murder. This approach has the effect of obscuring the criminal intention and motives for war crimes and crimes against humanity. The main reason why the ICTY has persisted with this approach, is the fact that at present there appears to be no credible index for adopting a policy of relative sentencing for crimes against humanity and war crimes. The aim of this Article therefore is to advocate a method for imposing higher penalties for crimes against humanity vis-à-vis war crimes. Furthermore, this method will rely on the argument that crimes against humanity offences e.g. murder, rape and torture when committed with a discriminatory motive should attract higher penalties than identical offences when committed as war crimes.

10.1163/1571812043020060
/content/journals/10.1163/1571812043020060
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/1571812043020060
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/1571812043020060
Loading

Article metrics loading...

/content/journals/10.1163/1571812043020060
2004-12-01
2016-12-08

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    International Criminal Law Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation