B. Hola

Is ICTY Sentencing Predictable? An Empirical Analysis of ICTY Sentencing Practice

This quantitative study analyses the sentencing practice of the International Criminal Tribunal for the former Yugoslavia (ICTY). The sentencing process is only loosely regulated by the ICTY Statute, and consequently it is not clear how judges exercise their broad discretionary sentencing powers in practice. By analysing the existing case law, legal factors influencing the sentencing decisions are examined. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that the sentence can be to a large extent predicted by legal criteria. The number of offences and the rank of the offender are the strongest predictors of sentence length in the model.

The selection of situations by the ICC : an empirically based evaluation of the OTP's performance

The main aim of the International Criminal Court (icc) is to prosecute the most serious crimes of concern to the international community. One of the most valued features of the icc is the independent position of the Prosecutor in selecting situations and cases to investigate. The Prosecutor, however, has been heavily criticized for his selection policy and countries from the African Union even threatened to withdraw from the icc because of its alleged bias and unfair focus on African political leaders. In this article we present the results of our explorative study in which we empirically evaluate the situations selection policy of the icc Prosecutor. We conclude that given the icc’s limited jurisdictional reach, the Prosecutor is generally focusing on the gravest situations where international crimes are supposedly committed.

Rehabilitation and Early Release of Perpetrators of International Crimes; A Case Study of ICTY and ICTR,

While cited as one of the goals of international sentencing and used as a factor for deciding on early release, rehabilitation of perpetrators of international crimes has thus far been neglected by academia and practitioners. This article presents an analysis of all ICTY and ICTR early release decisions handed down until July 2013, indicating how the tribunals have conceptualised rehabilitation of these ‘enemies of mankind’. After observing that the success rate of rehabilitating international prisoners is very high, we suggest that this may be attributable to (i) a lack of the Presidents’ critical evaluation of the materials upon which he bases his conclusions regarding prisoners’ rehabilitation and (ii) the fact that perpetrators of international crimes are a ‘different kind of perpetrator’. We offer suggestions to re-conceptualise rehabilitation in the context of international crimes and to adjust the enforcement system of international sentences in order to better promote rehabilitation.

Sixty-Five years of international criminal justice : The facts and figures

The international criminal justice system comprises nine international criminal courts and tribunals; six are still operational and three have closed down. On average, they operated for almost nine years apiece and concluded 172 cases in which over 250 judges and 23 chief prosecutors were involved. All in all 745 suspects were indicted, 356 were actually tried and, of these, some 281 defendants were convicted. Currently 34 suspects are on trial and 22 are still at large. The ‘average’ convicted perpetrator is male, aged 40 and a member of a military or paramilitary organisation from Europe, Asia or Africa who is acting on behalf of his government. These are just some of the facts and figures which we present in this article: an overview of the empirical reality of the international criminal justice system which has currently been functioning for just over 65 years.

Consistency of international sentencing: ICTY and ICTR case study

The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are the first, post Cold War international criminal tribunals convicting perpetrators of genocide, crimes against humanity and war crimes. Their sentencing practice has been largely criticized as inconsistent. This quantitative study addresses the criticism and empirically investigates the consistency of international sentencing. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that similar, legally relevant patterns have emerged in the sentencing practice of both tribunals. Sentencing in international criminal practice does not appear to be less consistent than sentencing under domestic jurisdictions.

Insider witnesses: Are We Relying on the Non-Credible?, Empirical Study of Insider Witnesses’ Assessments at the International Criminal Court

Insider witnesses play an indispensable role in many international criminal cases. Despite often being essential for linkage evidence, the use of insider witnesses comes with a set of special concerns regarding their credibility, in turn casting doubt on the reliability of their evidence. This explorative empirical study aims to fill the gap in the scholarship and presents an analysis of credibility and reliability assessments of insider witnesses at the International Criminal Court (ICC). It critically evaluates the use of such testimony to see if, how, and which factors relating to credibility and reliability affect the probative value of the evidence provided. The findings indicate that the ICC judges put a lot of emphasis on factors such as consistency or detail of testimonies, while factors such as potential bias or questionable motivation of the witness surprisingly do not figure as prominently in ascribing probative value to evidence.

Testing Detachment of International Criminal Tribunals: Empirical Evidence from the ICTY

Abstract International criminal tribunals (ICTs) constitute one of the primary examples of international institutions vested with undisputable international authority. The decisions of ICTs are final, binding on the parties to the proceedings and cannot be overturned politically. Given the proliferation of ICTs and their increased significance in current international politics, it is important to examine how international criminal judges exercise this authority. Is the exercise of such authority biased toward their homelands political interests? This question is yet to be answered in both international criminal legal research and international relations research. Using non-hierarchical multi-level modelling, we examine the sentencing decision-making of judges at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Our analysis indicates that judges act as independent actors, and are not biased in the exercise of their authority.

Before my time? Addressing the intergenerational legacies of the genocide against the Tutsi in Rwanda

This study aims to (i) understand how the legacies of the 1994 genocide against the Tutsi and its aftermath are transmitted to the next generation within Rwandan families and (ii) explore how institutional support plays a role in the pathways of intergenerational transmission. Through an in-depth analysis of qualitative interviews with 41 mothers and one of their adolescent children, we identified direct and indirect pathways through which the legacies of the genocide are transmitted to the second generation. Direct pathways concern the ways in which the genocide and its aftermath are reflected upon, reconstructed and explicitly communicated or silenced to the second generation. Indirect pathways are ways in which the genocide and its aftermath affect the life circumstances of the children, and through that, the child. Many of the included households had access to at least some kind of support. In general, our results indicate that organisations providing support to families and individuals in post-conflict settings might want to consider focusing explicitly on the identified pathways of intergenerational transmission to improve the living conditions of the next generation(s). Key implications for practice Development organisations that provide support to families in post-conflict settings could specifically address parenting, family relations and family communication and interactions to help participants secure a safe environment for the next generations to grow up in Development organisations in post-conflict settings could specifically facilitate and encourage the interactions of participants with the broader social environment and the community to stimulate cooperation and social support Stimulating the development of economic cooperation among the participants of support programmes in post-conflict settings as well as within their communities may be helpful in reducing intergenerational poverty.

Does Remorse Count? ICTY Convicts’ Reflections on Their Crimes in Early Release Decisions

Based on all publicly available International Criminal Tribunal for the Former Yugoslavia (ICTY) early release decisions as of May 31, 2017, this explorative article empirically analyzes, systematizes, and evaluates how ICTY convicts reflected on their past crimes during early release proceedings and how this affected decision-making of the ICTY President regarding their level of rehabilitation and early release. For this purpose, we developed an analytical framework distinguishing between acknowledgement of responsibility and remorse, as two forms of reflection on the past crimes, and their general and personal dimensions. Our analysis demonstrates that of all 53 individuals early released at the ICTY, 36% were considered sufficiently rehabilitated and a part of their sentence pardoned without any information regarding their outlook on the crimes they had been convicted of. Only 19% of the early released prisoners acknowledged their personal responsibility and expressed remorse for the crimes they committed. Others denied, only partially accepted responsibility and/or showed remorse on a general level, which, however, did not bar their early release. The article argues that this haphazard practice brings into question the ICTY legacy with respect to its goal of offender rehabilitation and its potential effects on reconciliation in the Former Yugoslavia.

ICTY Celebrities: War Criminals Coming Home

Almost 25 years ago, the United Nations (UN) Security Council passed the Resolution 827 establishing the International Criminal Tribunal for the Former Yugoslavia (ICTY), the first ad hoc international criminal court set up by the UN since the post–World War II Nuremberg and Tokyo tribunals. The Tribunal was created to prosecute persons responsible for war crimes, crimes against humanity, and genocide committed at the territory of the Former Yugoslavia since 1991. Over its life span, the Tribunal indicted 161 individuals for their involvement in atrocities committed during the wars of Yugoslav secession. It held trials against 113 individuals over the course of 10.500 trial days hearing testimonies over 4,600 witnesses. Ninety defendants were convicted, 19 acquitted, 2 are currently being retried at the Mechanism for the International Criminal Tribunals, and 2 died before they could hear their final judgment. All this judicial activity indisputably left behind a significant judicial and forensic legacy. The ICTY contributed to the revival and consolidation of international criminal law and its doctrine and gathered a large repository of documents and testimonies about the past.