The supranational system is still under construction and will be so for at least some decades before it can be called a consistent system with an intrinsic logic. Sentencing and sanctioning is one of the issues in which this becomes clear. The ICC-complementarity principle, the principle of legality, the execution of sanctions, and the relation of the supranational system to domestic systems such as the Rwandan gacaca, are all topics to be thoroughly discussed. The uplifting of a penal system from a relatively small community – an individual state – with relative agreement on basic aspects of punishing, to the mondial, per definition heterogeneous, level, where no such agreement exists, reveals many controversies. Opinions on all aspects of sanctioning differ widely all over the world. What is the proper sanction for a crime against humanity or an act of genocide? And whom to punish? Controversy exists regarding States, children (child soldiers) and mentally incapable offenders as punishable subjects. Questionable also are the goals of the supranational criminal justice system, and whether these goals are achieved. Too often these supranational goals seem to be supra-natural as well. Goals steer the system in choosing the number of accused to be prosecuted and judged and the quality of its proceedings, but also questions such as whether a detainee has the right to be visited by a prostitute. These are some of the questions that are highlighted in this fourth Volume of the Supranational Criminal Law series
I. SENTENCING AND SANCTIONING IN SUPRANATIONAL CRIMINAL LAW (p. 1)
II. NULLA POENA SINE LEGE IN INTERNATIONAL CRIMINAL LAW (p. 17)
III. COMPLEMENTARITY ANALYSIS OF NATIONAL SENTENCING (p. 37)
IV. HUMAN ACTION OR STATE ACTION? Locating the site of supranational criminality (p. 67)
V. GRANTING IMMUNITY TO CHILD COMBATANTS SUPRANATIONALLY (p. 87)
VI. PUNISHING MENTALLY INCAPABLE OFFENDERS UNDER SUPRANATIONAL CRIMINAL LAW (p. 109)
VII. EXECUTION OF SANCTIONS IMPOSED BY SUPRANATIONAL CRIMINAL TRIBUNALS (p. 125)
VIII. SUPRANATIONAL EXPECTATIONS OF A PUNITIVE APPROACH (p. 145)
IX. RWANDA’S GACACA: OBJECTIVES, MERITS AND THEIR RELATION TO SUPRANATIONAL CRIMINAL LAW (p. 161)
The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Groningen, the Netherlands).
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