Human Rights Watch Memorandum: Political Considerations in Sentence Mitigation for Serious Violations of the Laws of War before International Criminal Tribunals

Political Considerations in Sentence Mitigation for Serious Violations of the Laws of War before International Criminal Tribunals

Human Rights Watch Memorandum¹

March 2008

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I. Introduction

II. Background

A. Origin and mandate of the Special Court

B. The trial, convictions, and sentencing of Fofana and Kondewa

III. Political Motives in Fighting a War Are Irrelevant Under International Humanitarian Law, Including for the Purposes of Mitigation in Sentencing

IV. Consideration of Political Justification as a Mitigating Factor Conflicts with the Sentencing Objectives, Purposes, and Jurisprudence of International Criminal Tribunals

V. Conclusion

¹ This memorandum is co-authored by the International Justice Program at Human Rights Watch and attorneys at Weil, Gotshal & Manges, LLP, who provided extensive and much appreciated pro bono assistance in the research, analysis, and drafting.

Political Considerations in Sentence Mitigation for Serious Violations of the Laws of War before International Criminal Tribunals

Human Rights Watch Memorandum1

Human Rights Watch Memorandum¹