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Legacies of the International Criminal Tribunal for the Former YugoslaviaA Multidisciplinary Approach$
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Legacies of the International Criminal Tribunal for the Former Yugoslavia: A Multidisciplinary Approach

Carsten Stahn, Carmel Agius, Serge Brammertz, and Colleen Rohan

Print publication date: 2020

Print ISBN-13: 9780198862956

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780198862956.001.0001

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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
DOI:10.1093/oso/9780198862956.003.0022

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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