International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues. The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.
Table of Contents
Contents: Introduction; Internationalisation and sentencing; Procedural rules and trial practice; Sentencing as social reality; Normative constraints on sentencing; Philosophical issues in international sentencing; Access to justice and rights; Theoretical and methodological issues for international sentencing; Conclusion: reconceptualising international penality; Bibliography; Index.
Ralph Jean Henham is Professor of Criminal Justice at the Centre for Legal Research, Nottingham Law School, Nottingham Trent University, UK.
'Ralph Henham's thoughtful, scholarly book should attract attention far beyond the ranks of the penologists and sentencing specialists for whom it will surely be essential reading. He sets penal issues in a broad context. His rich analysis of the internationalisation of criminal justice addresses a host of fundamental problems of sociolegal and philosophical interest about the practice and consequences of criminal trials.' Roger Cotterrell, University of London, UK 'Ralph Henham's book is a brave project which confronts the complex and enigmatic terrain of international sentencing with the most convincing comparative contextual analysis. His account is a dynamic exploration of what is and what should be. Not satisfied with the conventional survey on novel forms and functions, this work advances the principled instrumentality of international sentencing rather than its pragmatic rationalization.' Mark Findlay, University of Sydney, Australia 'Ralph Henham's book makes a socio-legal and philosophical inquiry into the theory and practice of international sentencing...identifying factors that affect discretionary decision-making in international criminal trials...[it] is timely and undoubtedly offers the necessary theoretical framework for future practical inquiries.' Asian Criminology 'Given the penchant for focusing on the problem of bringing perpetrators to justice, this fresh perspective is a welcome addition to the literature in this neglected niche within International Criminal Law.' American Society of International Law