Issues related to the imposition of sentences in international tribunals
AuthorHernández Cortés, Clara Esperanza
Sánchez Sarmiento, Andrés
This memorandum has been written by the following members of the eighth promotion (2018) of the International Law Clinic, organized by the Universidad del Rosario, Bogotá, Colombia and the IberoAmerican Institute of The Hague for Peace, Human Rights and International Justice (The Netherlands). This paper is part of the research work carried out from September 2018 to April 2019 by the International Law Clinic, organized by the Universidad del Rosario, Bogotá, Colombia and the Ibero-American Institute of The Hague for Peace, Human Rights and International Justice (IIH), at the request of the Office of Public Counsel for the Victims (OPCV) of the International Criminal Court (ICC). It answers the following questions: In the context of sentencing in all cases before the ICC, how has the scope of victimization caused by the crimes, for which the accused has been convicted, been considered to determine the sentence? In the context of sentencing in all cases before the ICC, have the crimes proved beyond reasonable doubt to establish the contextual elements of crimes against humanity been considered to impose the sentence? Have some of the crimes committed by the convicted person been found to be more serious in quality and/or quantity than others to determine the penalty (i.e. aggravating circumstances)? In order to answer these questions, the memorandum will be separated into four chapters. At the outset, there will be a brief analysis of article 78 of the Rome Statute and Rule 145 of the Rules of Procedure and Evidence, which applies transversely to all questions. Once this has been defined, the question of the role of the scope of victimization in determining the sentence will be analyzed. Then, it will be considered whether the crimes that constitute the contextual elements of crimes against humanity are considered as relevant factors when determining the sentence. Finally, we will study how the crimes for which a person has been convicted have been differentiated according to the seriousness of the crimes at the time of the imposition of the sentence.