A Different Level, a Different Purpose? Reflections on International Criminal Law from the Perspective of Penal Theory

In Knut Almestad, Jean-Luc Baechler, Benedikt Bogason, Henrik Bull, Francis Delaporte, Luis José Diez Canseco Núñez, Peter Freeman, Vladimir Golitsyn, Irmgard Griss, Marc Jaeger, Koen Lenaerts, Paul Mahoney, Andreas Mundt, Sven Norberg, Toril Marie Øie, Þorgeir Örlygsson, Anne-José Paulsen, Georges Ravarani, Hubertus Schumacher, Vassilios Skouris, Gian-Flurin Steinegger, Sven Erik Svedman, Antonio Tizzano, Marc van der Woude, Bo Vesterdorf & Jean-Claude Wiwinius (eds.), The Art of Judicial Reasoning: Festschrift in Honour of Carl Baudenbacher. Cham: Springer Verlag. pp. 51-64 (2019)
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Abstract

Twenty-two years after the Srebrenica genocide, the worst war crime post World War II, the former Serbian general Ratko Mladić was sentenced to life imprisonment on 22 November 2017 by the International Criminal Tribunal for the former Yugoslavia in The Hague. Shortly before it closed as an institution, the Tribunal thus once again attracted attention with its high-profile conviction. The reaction was considerable. Although there was satisfaction at Mladić’s sentence in many quarters, the judgment unsurprisingly met with rejection in the Balkans, for example in parts of Serbia where Mladić is sometimes still being celebrated as a war hero. By imposing the penalty of life imprisonment, the Tribunal had opted for the most severe of all the penal sanctions available to it.

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