Victims and International Sentencing: An Uncharted Territory?

Publication Information

Journal Title: International Journal Of Legal Developments And Allied Issues
Author(s): Oriola O. Oyewole
Published On: 29/04/2022
Volume: 8
Issue: 2
First Page: 115
Last Page: 152
ISSN: 2454-1273
Publisher: The Law Brigade Publisher

DOI: doi.org/10.55662/IJLDAI.2022.8202

Cite this Article

Oriola O. Oyewole, Victims and International Sentencing: An Uncharted Territory?, Volume 8 Issue 2, International Journal Of Legal Developments And Allied Issues, 115-152, Published on 29/04/2022, doi.org/10.55662/IJLDAI.2022.8202 Available at https://ijldai.thelawbrigade.com/article/victims-and-international-sentencing-an-uncharted-territory/

Abstract

The sentencing phase plays a crucial role in international criminal trials. However, the role and impact of victim participation during international sentencing have received little attention within international criminal law discourse. This study seeks to understand and explain the rationale behind international sentencing by examining the theories of retributive and restorative justice within the context of the International Criminal Court. In addition, the study also addresses the neglected aspect of victims’ role in sentencing hearings as well as the degree to which victims’ rights and interests are considered at the sentencing phase. Researchers have utilised qualitative interviews in the available scholarship to assess victim participation at the ICC. This article has decided to complement the available scholarship in this area by using a rarely-used and vital data source for evaluating victim participation during sentencing. Namely, case transcripts. In investigating this question, the researcher used the decided case of Prosecutor v Thomas Lubanga case.

Keywords: Victims, Sentencing, Restorative Justice, Retributive Justice

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