Sentencing Factors Concerning Those Most Responsible for International Crimes in Peru: An Analysis vis-à-vis International Criminal Court Sources

Article by Juan Pablo Pérez León Acevedo, published in International Criminal Law Review. 

Abstract

Peruvian courts convicted those most responsible for acts that constitute or amount to international crimes committed during Peru’s internal conflict (1980–2000), namely, ex-leaders of the terrorist organisation Shining Path-Peruvian Communist Party and ex-senior state officials, including ex-President Alberto Fujimori. The present article seeks to identify, systematise and discuss the sentencing factors applied in this caselaw. The analysis is also conducted comparatively vis-à-vis the law and practice of the International Criminal Court (icc). Sentencing factors in the examined Peruvian law and practice may be categorised into two groups: crime/culpability-related factors and offender’s personal circumstances-related factors. The article concludes that Peruvian sentencing law and practice are generally similar to ICC sources.

The full article is available here.

Tags: Criminal law
Published Feb. 15, 2019 11:39 AM - Last modified Feb. 15, 2019 11:39 AM