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

130 Chapter 5
retribution, deterrence and rehabilitation are the main sentencing
objectives in international criminal justice. 77
4.1 Objectives of punishment and the Special Court for Sierra
Leone
4.1.1 Retribution
The Trial Chamber in the Brima sentencing judgment cited with approval
the Preamble of the United Nations (UN) Security Council Resolution
1315 (2000), 78 according to which, 79
[...] in the particular circumstances of Sierra Leone, a credible system of
justice and accountability for the very serious crimes committed there would
end impunity and would contribute to the process of national reconciliation
and to the restoration and maintenance of peace.
It then endorsed the position that retribution, deterrence and rehabilitation
are the main sentencing purposes in international criminal justice. In
relation to retribution, the Trial Chamber pointed out that other
international criminal tribunals have held that retribution should not be
‘understood as fulfilling the desire for revenge but rather as duly expressing
the outrage of the national and international community at these crimes,
and that it is to reflect a fair and balanced approach to punishment for
wrongdoing’. 80 The Trial Chamber emphasised that punishment must fit
the crime and the penalty must be proportionate to the crime. 81 In
Prosecutor v Fofana and Kondewa, 82 the Trial Chamber adopted the
definition of retribution provided by Lamer J of the Supreme Court of
Canada in the case of R v M 83 who held that retribution in a criminal
context, by contrast to vengeance, represents a measured and seasoned
determination of an appropriate punishment and furthermore, unlike
vengeance, retribution requires the imposition of a just and appropriate
sentence and nothing more. 84 The Trial Chamber in the Sesay case 85 also
highlighted the same principles as adopted in the other cases and
essentially highlighted that the main objectives of punishment at the
international level are retribution, deterrence and rehabilitation.
77 AFRC Sentencing judgment para 14.
78 UN Sec Res 1315 (2000) 14 August 2000.
79
Para 7.
80 AFRC Sentencing judgment para 16.
81 As above.
82
(Case SCSL-04-14-T) (CDF Sentencing judgment).
83 [1996] 1 SCR 500.
84 As above, para 86.
85
Prosecutor v Sesay, Kallon and Gbao (Case SCSL-04-15) para 13 (RUF Sentencing
judgment).