Some observations on the lack of a specific diminished responsibility defence under the ICC statute
Radosavljevic, Dragana (2011) Some observations on the lack of a specific diminished responsibility defence under the ICC statute. European Journal of Crime, Criminal Law and Criminal Justice, 19 (1). pp. 37-55. ISSN 0928-9569 (Print), 1571-8174 (Online) (doi:10.1163/157181711X553951)Full text not available from this repository.
Investigating the nature of criminality, particularly in the context of ICC core crimes, seems fundamental in a quest to discover the truth and produce an accurate historical record; both of these aims are in the long term interests of justice, the inter-national as well as local communities. Whilst the ICC is based on strong punitive ideals, similar to those endorsed by ICTY and ICTR in particular, the ICC is in a unique position to depart from a merely pragmatic/administrative exploration of facts and history. In fact, in recent prosecutions rehabilitation aims have frequently been substituted with an “attempt to stigmatise the most serious violations of international humanitarian law.”1 The results orientated approach of ICTY/ICTR, which includes, inter alia, charge bargaining in alleged genocide cases, should be departed from in ICC proceedings in favour of more holistic and interdisciplinary justice methods which strive to not only achieve punitive goals but also promote rehabilitation of of-fenders and ultimately reconciliation.
|Additional Information:|| First published: 2011.|
|Uncontrolled Keywords:||ICC, diminished responsibility, defences, sentencing, rehabilitation, law|
|Subjects:||K Law > KZ Law of Nations
R Medicine > R Medicine (General)
|School / Department / Research Groups:||School of Humanities & Social Sciences
Faculty of Architecture, Computing & Humanities > School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
Faculty of Architecture, Computing & Humanities > School of Humanities & Social Sciences > Department of Law & Criminology
|Last Modified:||10 Dec 2013 10:56|
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