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V. Conclusion

Terms of imprisonment that are commensurate with the gravity of the crimes should be the appropriate penalty for convictions for the most serious crimes. A national trial which allowed a “slap-on-the-wrist sentence” in the event of conviction would run counter to international standards and practice as well as domestic law and practice, along with undercutting the deterrent effect of prosecutions. It would, furthermore, be inconsistent with the requirement of “intent to bring a person to justice” for national trials of ICC cases.

Consistent with this, inclusion of appropriate penalties for the most serious crimes is essential.  Ultimately, the suitability of national trial of ICC cases is a matter for the ICC judges to determine.


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