- Title Pages
- Foreword
- Preface and Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
- 1 The Last Testament of the ICTY
- 2 Making Complementarity a Reality
- 3 The ICTY and the Defence Legacy
- 4 The Moral Legacy of the ICTY
- 5 The ICTY is Dead! Long Live the ICTY!
- 6 Legacies in the Making at the ICTY
- 7 The Narrative Legacies of Exceptional Crime
- 8 Meandering Jurisprudence and Unanticipated Legacies
- 9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia
- 10 A Partial View of History
- 11 Handle with Care
- 12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY
- 13 Whither Thou Truth and Justice
- 14 Defence Investigative Ethics
- 15 Judgments and Judgment Drafting
- 16 Muzzling the Press
- 17 Translating and Interpreting at the ICTY
- 18 Was it Worth it?
- 19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia
- 20 Punishing for Humanity
- 21 Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina
- 22 When Justice is Done
- 23 Narratives of Justice and War in Croatia
- 24 The Legacy of the ICTY
- 25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law
- 26 ‘We Learnt that from The Hague’
- 27 The Peace versus Justice Debate Revisited
- 28 Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY
- 29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina
- 30 The Broken Path to Reconciliation in Bosnia and Herzegovina
- 31 The ICTY, Truth, and Reconciliation
- Name Index
- Subject Index
Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina
Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina
- Chapter:
- (p.405) 21 Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina
- Source:
- Legacies of the International Criminal Tribunal for the Former Yugoslavia
- Author(s):
Barbora Holá
- Publisher:
- Oxford University Press
Both legal scholars and the general public assume—on the basis of mainly anecdotal evidence—that sentencing at the International Criminal Tribunal for the former Yugoslavia (ICTY) and at the domestic courts is widely inconsistent. As ‘the most responsible’ are sentenced by the ICTY, their allegedly more lenient sentences easily fuel ideas of ‘those most responsible getting off the lightest’. However, no systematic empirical inquiry of sentencing of perpetrators of international crimes committed during the Bosnian war has ever been conducted. This chapter presents findings of an original empirical study comparing sentencing of defendants tried and convicted at the ICTY and those punished by the domestic courts in Bosnia. It discusses cross-fertilization, and discrepancies, between the sentencing jurisprudence and practice of the ICTY and national jurisdictions and refutes the allegations of vertical inconsistency of international sentencing.
Keywords: ICTY, sentencing, inconsistency, Bosnian domestic courts, cross-fertilization
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- Title Pages
- Foreword
- Preface and Acknowledgements
- Table of Cases
- Table of Legislation
- List of Abbreviations
- List of Contributors
- Introduction
- 1 The Last Testament of the ICTY
- 2 Making Complementarity a Reality
- 3 The ICTY and the Defence Legacy
- 4 The Moral Legacy of the ICTY
- 5 The ICTY is Dead! Long Live the ICTY!
- 6 Legacies in the Making at the ICTY
- 7 The Narrative Legacies of Exceptional Crime
- 8 Meandering Jurisprudence and Unanticipated Legacies
- 9 Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia
- 10 A Partial View of History
- 11 Handle with Care
- 12 Lessons Learned from the Use of DNA Evidence in Srebrenica-related Trials at the ICTY
- 13 Whither Thou Truth and Justice
- 14 Defence Investigative Ethics
- 15 Judgments and Judgment Drafting
- 16 Muzzling the Press
- 17 Translating and Interpreting at the ICTY
- 18 Was it Worth it?
- 19 The Legacy of Youth Outreach at the International Criminal Tribunal for the Former Yugoslavia
- 20 Punishing for Humanity
- 21 Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina
- 22 When Justice is Done
- 23 Narratives of Justice and War in Croatia
- 24 The Legacy of the ICTY
- 25 Cooperation between Serbia and the ICTY for the Investigation and Prosecution of Violations of International Humanitarian Law
- 26 ‘We Learnt that from The Hague’
- 27 The Peace versus Justice Debate Revisited
- 28 Croatia’s Homeland War, the Battles Over Victor’s Justice, and the Legacy of the ICTY
- 29 The (Lack of) Impact of the ICTY on the Public Memory of the War in Bosnia and Herzegovina
- 30 The Broken Path to Reconciliation in Bosnia and Herzegovina
- 31 The ICTY, Truth, and Reconciliation
- Name Index
- Subject Index
