Cookies Policy
X
Cookie Policy

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.
MyBook is a cheap paperback edition of the original book and will be sold at uniform, low price.

Buy this article

Price:
$30.00+ Tax (if applicable)
Add to Favorites

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.

Loading

Article metrics loading...

/content/journals/10.1163/1571812043020060
2004-12-01
2015-05-04

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to email alerts
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Name:*
    Email:*
    Your details
    Name:*
    Email:*
    Department:*
    Why are you recommending this title?
    Select reason:
     
     
     
     
    Other:
     
    International Criminal Law Review — Recommend this title to your library

    Thank you

    Your recommendation has been sent to your librarian.

  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation