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

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

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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 Fernández 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 Günther

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

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