Jump to ContentJump to Main Navigation
International Crimes and the Ad Hoc Tribunals$
Users without a subscription are not able to see the full content.

Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2022

Cumulative Charging and Cumulative Convictions

Cumulative Charging and Cumulative Convictions

Chapter:
(p.315) 23 Cumulative Charging and Cumulative Convictions
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0023

When deciding to indict an individual for serious violations of humanitarian law, the prosecutors of the ad hoc tribunals for Rwanda and the former Yugoslavia enjoy a great deal of discretion in the choice of charges that they may bring against an accused. However, the choice of the prosecutor when charging an accused is also dictated by particular policy choices. It is clear that, where the accused has been convicted cumulatively in relation to the same conduct, and because the fact of cumulative conviction may in itself constitute a form of punishment, the court must take the fact of cumulative conviction into account so that the final or aggregate sentence reflects the totality of the criminal conduct and overall culpability of the offender so that he is not prejudiced by reason of the multiple convictions entered against him on the basis of the same facts.

Keywords:   cumulative charging, cumulative convictions, humanitarian law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .