Editorial Note

Doherty, George W.

doi:10.1528/trau.10.3.143.43231

Cited by 2 publications

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“…As mentioned above, international sentencing is devoid of a concrete sentencing framework and the only guidance can be found in 25 For example, the accused's good character prior to the conflict could be considered a mitigating factor, as this is arguably related to positive prospects with regard to rehabilitation.26…”

Section: International Sentencingmentioning

confidence: 99%

Rehabilitating Enemies of Mankind: An Exploration of the Concept of Rehabilitation as a Sentencing Aim at the icty and the icc

Riegler

2020

Int. Crim. Law Rev.

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This article explores the concept of rehabilitation as a sentencing aim at the International Criminal Tribunal for the former Yugoslavia (icty) and the International Criminal Court (icc). All sentencing decisions and early release decisions, as well as the positive law of the icty and the icc were examined alongside relevant scholarly literature to explore the institutions’ conceptualisation of rehabilitation. The comparative qualitative analysis showed that there is considerable incoherence in the conceptualisation of rehabilitation, both within the icty, as well as between the icty and the icc. At the icty, rehabilitation holds a negligible role within the judgments, yet, paradoxically, evidence of successful rehabilitation is a requirement for early release. The comparison between the sentencing decisions and early release decisions of the icty with those of the icc demonstrated that the focus has shifted from rehabilitating individual perpetrators to reconciling communities.

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Section: International Sentencingmentioning

confidence: 99%

Rehabilitating Enemies of Mankind: An Exploration of the Concept of Rehabilitation as a Sentencing Aim at the icty and the icc

Riegler

2020

Int. Crim. Law Rev.

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“…24 First, the party INTERNATIONAL POLITICAL P ARTY ASSISTANCE 519 should be committed to democracy and adhere to nonviolent, constitutional means to achieve its objectives. This criterion rules out assistance to parties which subscribe to totalitarian ideologies or espouse violent methods to gain power.…”

Section: Inclusiveness or Selectivitymentioning

confidence: 99%

Reflections on international political party assistance

Kumar

2005

Democratization

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Editorial Note

Cited by 2 publications

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Rehabilitating Enemies of Mankind: An Exploration of the Concept of Rehabilitation as a Sentencing Aim at the icty and the icc

Rehabilitating Enemies of Mankind: An Exploration of the Concept of Rehabilitation as a Sentencing Aim at the icty and the icc

Reflections on international political party assistance

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