Acta Universitatis Danubius. Juridica, Vol 7, No 3 (2011)

The Principle of Proportionality in International Criminal law

Venus Ghareh Baghi, T. R. Maruthi


The principle of proportionality indicated to, are that the criminal codes should contain specific maximums for crime or category of crimes. As to the applicable penalty, should be made distinctive not only between types of crimes but also between completed crimes and inchoate crimes.  Unfortunately, the principle of proportionality is not obvious in substantive international law.  Although the 1993 draft statute allowed for right of appeal against sentences where there was obvious disproportion between the crime and the sentence. The Tribunals’ Rules of Procedure and Evidence has been given additional directives on sentencing but The ICC Statute, does not provide precise penalties for specific crimes, despite the wide range of offenses and forms of participation that the court is called upon to judge.


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