ABSTRACT

This chapter analyses the nature, extent and implications of internationalisation for sentencing, and identifies the main themes of internationalisation that are explored in later chapters. More specifically, it aims to evaluate the theoretical arguments and empirical evidence that argue for the internationalisation of sentencing practice within the wider context of the globalisation of criminal justice. It focuses particularly on the factors that have influenced the sentencing structures of the ICTY1 and ICTR,2 in addition to the newly created ICC.3 The chapter also evaluates internationalised sentencing structures (such as those established in East Timor and Kosovo) and alternative processes (such as Truth and Reconciliation Commissions).

Introduction