The Principle of Proportionality in International Criminal law

• Author: Venus Ghareh Baghi - T. R. Maruthi
• Position: Research Scholar in law, PhD in progress, Faculty of Law in Islamic Azad University, branch of Kazerun, No 159, 7th Boostan St., Pasdaran Ave, P.O.BOX: 19585/466, Tehran, Iran
• Pages: 5-16

Abstract:

The principle of

specific maximu ms

for cri m

distinctive not only between

Unfortunately, the principle

Although the 1993 draft statu

disproportion between the cr

has been given additional d

penalties for specific crimes

court is called upon to judge.

Keywords:

proportionality; g

1. Introduction

The principle of prop

punishment fo

r establish

is

altered from murder

person with reduced

Proportionality betwee

international law for c

international crimes sho

1

Research Scholar in law

,

Kazerun, No 159, 7th Boost

22.56.51.49, fax: + 9821.22

.

2

Assistance Professor o

f La

821-2419847, fax: + 9821.

22

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

Venus GHAREH BAGHI

1

T. R. MARUTHI

2

of proportionality indicated to, are that the criminal codes sh

rime or category of crimes. As to the applicable penalty, sho

en types of crimes but also between completed crimes and inc

iple of proportionality is not obvious in substantive

inter

tatute allowed for right of appeal against sentences where there

crime and the sentence. The Tribunals’ Rules of Procedure

l directives

on sentencing but The ICC Statute, does not pr

es, despite the wide range of offenses and forms of particip

ge.

y; grave offence; circumstance; consis

tency; criteria of proport

roportionality creates balance between the crim

lishing criminal justice

, instance of the nature of th

er to manslaughter because the homicide was comm

d capacity not fully responsible for his or h

een crime and punishment should be trans

r considering t

o criminal justice. In particular ca

should be existed in a hierarchy based on gravity of

,

PhD in progress,

Faculty of Law in Islamic Azad Universi

ostan St., Pasdaran Ave, P.O.BOX: 1958

5/466, Tehran, Iran.

.

76.02.02.

Corresponding author: venus_gh645@yahoo.com.

Law,

Department of Studies in Law, Mysore University.

Ind

22

.76.02.02. E-mail: maruti@yahoo.com.

The Principle of Proportionalit

International Criminal L

aw

AUDJ, vol

. VII, n

JURIDICA

5





should contain

should b e made

inchoate crimes.

ternational law.

ere was obvious

re and Evidence

provide precise

cipation th at the

ortionality

rime and its

the homicide

mmitted by a

r her action.

ansferable to

categories of

of the crimes.

ersity, branch of

n. Tel.: + 98

21.

m.

India.

Tel.: +91-

ality in

aw

, no.

3, pp. 5-16