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International Crimes and the Ad Hoc Tribunals$
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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

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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

(p.315) 23 Cumulative Charging and Cumulative Convictions
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

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

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