The genocide acquittal in the Sikirica Case before the International Criminal Tribunal for the Former Yugoslavia and the coming of age of the guilty plea
The genocide acquittal in the Sikirica Case before the International Criminal Tribunal for the Former Yugoslavia and the coming of age of the guilty plea
This article focuses on two key aspects of the Keraterm case before the ICTY. The first is Duško Sikirica's acquittal of the crime of genocide. The Trial Chamber's construction of the phrase “destruction in part of a group” is critically examined and compared to the reasoning of a differently constituted Trial Chamber in the Krstić case. The second key aspect of the Keraterm case is the decision by all three defendants to enter into plea agreements with the Prosecutor at a relatively late stage in the trial. This article discusses the rules governing plea agreements, general sentencing factors and the extent to which guilty pleas have resulted in a pattern of lighter sentences in the jurisprudence of the Tribunals.
389-407
Jørgensen, Nina H.B.
0fed4805-c315-414c-a10a-b292248f0193
1 June 2002
Jørgensen, Nina H.B.
0fed4805-c315-414c-a10a-b292248f0193
Jørgensen, Nina H.B.
(2002)
The genocide acquittal in the Sikirica Case before the International Criminal Tribunal for the Former Yugoslavia and the coming of age of the guilty plea.
Leiden Journal of International Law, 15 (2), .
(doi:10.1017/S0922156502000195).
Abstract
This article focuses on two key aspects of the Keraterm case before the ICTY. The first is Duško Sikirica's acquittal of the crime of genocide. The Trial Chamber's construction of the phrase “destruction in part of a group” is critically examined and compared to the reasoning of a differently constituted Trial Chamber in the Krstić case. The second key aspect of the Keraterm case is the decision by all three defendants to enter into plea agreements with the Prosecutor at a relatively late stage in the trial. This article discusses the rules governing plea agreements, general sentencing factors and the extent to which guilty pleas have resulted in a pattern of lighter sentences in the jurisprudence of the Tribunals.
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Published date: 1 June 2002
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Local EPrints ID: 428563
URI: http://eprints.soton.ac.uk/id/eprint/428563
ISSN: 0922-1565
PURE UUID: ddc85e72-faf5-4613-8b07-528de0c9a997
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Date deposited: 01 Mar 2019 17:30
Last modified: 16 Mar 2024 04:39
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