Drumbl, Mark A. --- "Sentencing and penalties" [2016] ELECD 1524; in de Brouwer, Anne-Marie; Smeulers, Alette (eds), "The Elgar Companion to the International Criminal Tribunal for Rwanda" (Edward Elgar Publishing, 2016) 422

Book Title: The Elgar Companion to the International Criminal Tribunal for Rwanda

Editor(s): de Brouwer, Anne-Marie; Smeulers, Alette

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784711696

Section: Chapter 14

Section Title: Sentencing and penalties

Author(s): Drumbl, Mark A.

Number of pages: 23

Abstract/Description:

This chapter explores the ICTR’s sentencing practices. The ICTR, to be clear, is winding down its activities. The International Residual Mechanism for Criminal Tribunals (UNMICT) is picking up the outstanding work. The UNMICT has assumed responsibility for the supervision of all sentences pronounced by the ICTR and the ICTY as of 1 July 2012 and 1 July 2013, respectively, including the process of early release of convicts. Hence, this chapter by necessity discusses the UNMICT as well. The ICTR delivered its last trial judgment on 20 December 2012, in the Ngirabatware case. The last Appeals Judgement was delivered in December 2015 in the high-profile Butare Six case. This chapter proceeds through four steps. First, it summarizes the governing legal texts – namely, the ICTR Statute, the ICTR Rules of Procedure and Evidence, and also the relevant UNMICT instruments – in terms of how they address sentencing and penalties. Second, this chapter reviews sentencing practice and enforcement of sentences. Third, this chapter considers the sentencing jurisprudence, in other words, the factors to which judges turn in assessing the gravity of the offense, on the one hand, and individualizing factors, on the other, which are commonly referred to as aggravating and mitigating circumstances. Fourth, and finally, this chapter touches upon the ICTR’s penological aspirations.