ABSTRACT

This chapter provides an overview of the relevant legal context and practice of sentencing in genocide cases before the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) as well as commentary where appropriate on the position of the International Criminal Court (ICC). In addition, it considers the impact of evidential matters relevant to sentencing and the extent of professional and lay participation. The approach taken is that the significance of what takes place in individual cases cannot be determined without some appreciation of the sentencing paradigm for genocide in international criminal trials.