THE SENTENCING PROVISIONS OF THE INTERNATIONAL CRIMINAL COURT: COMMON LAW, CIVIL LAW, OR BOTH?

The sentencing provisions of the Rome Statute of the International Criminal Court combine features of both common law and civil law systems. This paper compares the sentencing provisions of representative common law and civil law jurisdictions with those of the International Criminal Court ('ICC') as a means of determining how the as yet untested ICC sentencing provisions will operate and determining what potential dejiciencies they may have. This article also considers how the ICC sentencing provisions will be perceived by participants in the process (common and civil lawyers sitting as judges or acting for prosecuting or defence) and by the wider public. Some recommendations are made in the conclusion of this article in respect of addressing shortcomings in the ICC sentencing provisions.