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The Principle of Proportionality in International Criminal Law

Keywords: proportionality , grave offence , circumstance , consistency , criteria of proportionality

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Abstract:

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 Although the 1993 draft statute allowed for right of appeal against sentences where there was obviousdisproportion between the crime and the sentence. The Tribunals’ Rules of Procedure and Evidence has been given additional directivespenalties 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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