Rome Statute on sentencing –
With a view to set up a permanent International Criminal Court, a draft statute was adopted by an assembly of states in July 1988, known as Rome Statute. Jurisdiction of the International Criminal Court (ICC) commenced on 1st July 2002, with its office in Hague.
On sentencing, the statute of the Court states, “In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factor as the gravity of the crime and the individual circumstances of the convicted person”.
Rule 145 of the ICCs Rule of Procedure states, “In its determination of the sentence .... the Court shall: (a) Bear in mind that the totality of any sentence of imprisonment and fine ........ must reflect the culpability of the convicted person: (b) Balance all relevant factors, including any mitigating and aggravating circumstances both of the convicted person and the crime: (c) In addition .... give consideration, inter alia, to the extent of the damage caused, in particular, to the harm caused to the victims and their families, the nature of the unlawful behaviour and the means employed to execute the crime: the degree of participation of the convicted persons, the degree of intent: the circumstances of manner, time and location: and the age education, social and economic condition of the convicted person.
The Rules listed the following factors as constituting aggravating circumstances:
(i) Any relevant prior conviction
(ii) Abuse of power in official capacity
(iii) Where the victim is particularly defenceless
(iv) Commission of the crime with particular cruelty or where there were multiple victims
The convicted persons diminished mental capacity or duress; his conduct after the act, including any efforts to compensate the victims and any co-operation with the Court have been listed as mitigating circumstances.
Article 77(1)(a) of the Rome Statute provides that a determinate sentence for a term not exceeding 30 years may be imposed while Article 77(1)(b) says that in case of extreme gravity, and where the individual circumstances of the convicted person so warrant, a maximum of life sentence may be imposed.
It is clear from the language used in the statute of Rome and the Rules on sentencing that retribution with the touchstones of proportionality, and general deterrence are amongst the applicable rationale. (Paras: 956-962); .....Allama Delwar Hossain Sayedee =VS= Government of Bangladesh, (Criminal), 2017 (1)- [2 LM (AD) 76] ....View Full Judgment