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Some observations on the lack of a specific diminished responsibility defence under the ICC statute

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:https://doi.org/10.1163/157181711X553951)

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Abstract

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.

Item Type: Article
Additional Information: [1] First published: 2011.
Uncontrolled Keywords: ICC, diminished responsibility, defences, sentencing, rehabilitation, law
Subjects: K Law > KZ Law of Nations
R Medicine > R Medicine (General)
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
Related URLs:
Last Modified: 14 Oct 2016 09:12
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
URI: http://gala.gre.ac.uk/id/eprint/4945

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