Proportionality and Moral Blameworthiness in Ongwenâs ICC Sentencing Decision

Demetra Fr. Sorvatzioti

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Chapter 5 Proportionality and Moral Blameworthiness in Ongwenâs ICC Sentencing Decision

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Demetra Fr. Sorvatzioti

Demetra Fr. Sorvatzioti
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Type:: Chapter

Pages:: 87â112

DOI:: https://doi.org/10.1163/9789004743380_006

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Abstract

The ICCâs legal framework combines continental and common law features. The sentencing regime provides for a separate hearing process unknown to the continentals. The principle of proportionality governs sentencing determination. Proportionality is met by analysing gravity and moral blameworthiness. In Ongwen, the ICC should address his moral blameworthiness by considering his unique dual status as a former abducted child soldier and perpetrator, the expert evidence regarding the LRA and the Acholi culture and history. The Court sentenced Ongwen in a rather formal traditional continental way. However, conviction is not the ICCâs ultimatum, and sentencing should not be a pure side effect of conviction. When the ICC tries cases of non-western peoples, it is essential to express its understanding and respect for diversity. By addressing cultural, social, and historical aspects of the case and the offender as part of the sentencing reasoning, the ICC performs the balancing process needed for proportionality.

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Lights and Shadows

The Ongwen Case at the International Criminal Court

Series:Â Studies in International Criminal Law, Volume: 7

E-Book ISBN:: 9789004743380

Publisher:: Brill | Nijhoff

Print Publication Date:: 21 Oct 2025

Subjects
- Human Rights and Humanitarian Law
  - International Criminal Law
- International Law
  - International Law: General Interest

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Chapter 5 Proportionality and Moral Blameworthiness in Ongwenâs ICC Sentencing Decision

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Lights and Shadows

The Ongwen Case at the International Criminal Court

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Chapter 5 Proportionality and Moral Blameworthiness in Ongwenâs ICC Sentencing Decision