Ch.VI Concursus Delictorum and Sentencing

Subject(s):

Sentencing

This chapter reviews the law of concours (dealing with multiple acts and offences) that can be located in the border zones of the general rules of imputation, the crimes, and the sentencing rules. It considers the law of concours as the least developed area of international criminal law, but it is certainly not the least important one. The law of concours determine the crimes which are charged, which crimes may lead to convictions, and which crimes, ultimately, form the basis of sentencing. The sentencing regime of the ICC and other international tribunals will then be analyzed in the second part of the chapter. The sentencing principles are discussed and a five-step approach to find an adequate sentence is proposed.