Prosecuting International Crimes in Africa - PULP - University of ...

Sentencing practice of the Special Court for Sierra Leone 127
in international sentencing is evidenced by the fact that a culture of
conviction rather than a culture of acquittal now predominates’. 54 The
ICTR in the Kambanda case highlighted that deterrence is largely aimed at
dissuading those who will attempt in future to perpetrate those atrocities
and also showing them that the international community will not let those
who commit such serious crimes go unpunished. 55
The statutes of the ICTY, ICTR and the SCSL contain provisions
dealing with sentencing. According to these provisions, sentences should
be limited to imprisonment – the death penalty as well as corporal
punishment, imprisonment with hard labour and fines are excluded. 56 In
addition to these sentencing rules, judges of the international tribunals are
supposed to have ‘recourse to the general practice regarding prison
sentences of the ICTY or the ICTR as the case may be’. 57 Further, when
imposing sentences the Trial Chamber is supposed to ‘take into account
such factors as the gravity of the offence and the individual circumstances
of the convicted person’. 58 The ICTY and the ICTR have identified
retribution, deterrence, incapacitation, rehabilitation and reconciliation as
the main objectives of international sentencing. 59
However, the sentencing judgments of the tribunals do not yet provide
entirely persuasive explanations on why particular sentences are imposed
on particular offenders. 60 The law and practices of the tribunals are also
noted for incorporating human rights in their sentencing regime, such as
excluding the death penalty and corporal punishment. 61
4 The sentencing practice of the Special Court for
Sierra Leone
Sentencing in the SCSL is regulated by the provisions of article 19 of the
Statute of the SCSL and Rule 101 of the Rules of Procedure and Evidence.
Article 19 of the Statute provides that in determining the terms of
imprisonment, the trial chamber shall, as appropriate, take into account
aggravating and mitigating factors and the general practice regarding
prison sentences in the ICTR and the domestic courts of Sierra Leone. 62
Further, during the sentencing process the Trial Chamber should take into
account such factors as the gravity of the offence and the individual
54
55
56
57
58
59
60
61
King and La Rosa (n 14 above) 331.
As above.
King and La Rosa (n 14 above) 462.
Art 24(1) Statute of ICTY; art 23(1) Statute of ICTR; Schabas (n 5 above) 468.
Art 19(2) Statute of SCSL.
Chirwa (n 19 above) 195.
Sentencing Observer ‘Sentencing and the International Criminal Court’ (2002) 2.
GW Mugwanya ‘Criminal justice through international criminal tribunals: Reflections
on some lessons for national criminal justice systems’ (2006) 6 African Human Rights
62
Law Journal 59.
As above.