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Why Punish Perpetrators of Mass Atrocities?: Purposes of Punishment in International Criminal Law

Why Punish Perpetrators of Mass Atrocities?: Purposes of Punishment in International Criminal Law

Author: Florian Jessberger; Julia Geneuss
Publisher: Cambridge University Press
ISBN: 9781108475143

Published In: February 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108465892

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Contents

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This edited volume provides, for the first time, a comprehensive account of theoretical approaches to international punishment. Its main objective is to contribute to the development of a consistent and robust theory of international criminal punishment. For this purpose, the authors - renowned scholars in the fields of criminal law, international criminal law, and philosophy of law, as well as practitioners working at different international criminal courts and tribunals - address the question of meaning and purpose of punishment in international law from various perspectives. The volume fleshes out the predominant dimensions of a theory of international punishment and highlights the differences between 'ordinary' (domestic) crime and international crimes and their respective enforcement. At the same time, throughout the volume a major focus is on the practical consequences of the different theoretical approaches, in particular for the activities of the International Criminal Court.

1. Introduction: the need for a robust and consistent theory of international punishment - Florian Jessberger and Julia Geneuss

2. The practical importance of theories of punishment in international criminal law - Silvia Fernandez De Gurmendi

Part I. Setting the Framework - Criminological, Historical and Domestic Perspectives:

3. Criminology of international crimes - Frank Neubacher

4. Punishment rationales in international criminal jurisprudence - two readings of a non-question - Sergey Vasiliev

5. Punishment and the domestic analogy - why it can and cannot work - Elies Van Sliedregt

6. Not much, but better than nothing - purposes of punishment in international criminal law: a comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt - Kai Ambos

7. The why question in international criminal punishment - framing the landscapes of asking: a comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt - Immi Tallgren

8. Is international criminal law special?: A comment on the contributions by Frank Neubacher, Segey Vasiliev and Elies van Sliedregt - Jochen Bung

Part II. Rationales for Punishment in International Criminal Law - Theoretical Perspectives:

9. 'Can I be brought before the ICC?' - Deterrence of mass atrocities between jus in bello and jus ad bellum - Jakob V. H. Holtermann

10. An Argument for retributivism in international criminal law - Mordechai Kremnitzer

11. Expressive theory of international punishment for international crimes - Daniela Demko

12. We're exhausting ourselves, let's get busy instead a comment on the contributions by Jakob v. H. Holtermann, Mota Kremnitzer and Daniela Demko - Mark Drumbl

13. Positive general prevention and the idea of civic courage in international criminal law - Klaus Gunther

14. The individual and the international community - an outline for a combined meso preventive theory of international punishment - Andreas Werkmeister

15. The right to punishment for international crimes - Jens David Ohlin

Part III. Consequences for the Practice of the International Criminal Court:

16. Prosecution strategy at the International Criminal Court in search of a theory - Alex Whiting

17. Selectivity in international criminal law - asymmetrical enforcement as problem for theories of punishment - Harmen Van Der Wilt

18. Theories of punishment in sentencing decisions of the International Criminal Court - Gerhard Werle and Aziz Epik

19. Theories of punishment at the Hague a comment on the contributions by Alex Whiting, Harmen van der Wilt and Gerhard Werle and Aziz Epik - Silvia D'ascoli

20. From punitive to restorative justice - victims participation, reparations and theories of punishment - Philipp Ambach

21. Concluding remarks: dimensions of 'why punish' - Florian Jebberger and Julia Geneuss

Select bibliography

Index.