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

Examines the purpose of international punishment and how different theories of punishment influence the practice of the International Criminal Court.

Florian Jeßberger (Edited by), Julia Geneuss (Edited by)

9781108475143, Cambridge University Press

Hardback, published 20 February 2020

408 pages
23.5 x 15.8 x 2.6 cm, 0.69 kg

'Written by experts on international criminal law, this volume will intrigue lawyers, criminologists, sociologists, and anyone wondering how punishment is achieved when dealing with some of the worst crimes possible.' W. R. Pruitt, Choice

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
Select bibliography
Index.

Subject Areas: Criminal law & procedure [LNF], Public international law [LBB], Jurisprudence & general issues [LA]