Why punish perpetrators of mass atrocities? : purposes of punishment in international criminal law / [editd by] Florian Jessberger, Julia Geneuss.
"Why punish perpetrators of mass atrocities? Given the rapid development and advancing consolidation of international criminal law it seems rather late to ask this question. However, the question of rationales of international punishment is still under-researched and under-theorized, and of rel...
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Full Text (via ProQuest) |
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| Other Authors: | , |
| Format: | eBook |
| Language: | English |
| Published: |
New York :
Cambridge University Press,
2020.
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| Edition: | 1. |
| Series: | Asil studies in international legal theory.
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| Subjects: |
Table of Contents:
- Cover
- Half-title
- Series information
- Title page
- Copyright information
- Contents
- List of Contributors
- Preface
- List of Abbreviations
- 1 Introduction: The Need for a Robust and Consistent Theory of International Punishment
- I Why the 'Why Punish' Question?
- II Structure
- 2 The Practical Importance of Theories of Punishment in International Criminal Law
- I The Assumptions of International Criminal Justice
- II The Deterrent Effect of International Criminal Justice
- III Punishment As a Means of Contributing to Reconciliation and Healing of Victims.
- IV Punishment and the Convicted Individuals
- V Conclusion
- Part I Setting the Framework: Criminological, Historical and Domestic Perspectives
- 3 Criminology of International Crimes
- I Criminology Meets International Criminal Law
- II Why Punish?
- Preventing Crime through International Criminal Law
- III On the Explanation of International Crimes
- IV On the Reaction to International Crimes
- V Conclusion
- 4 Punishment Rationales in International Criminal Jurisprudence: Two Readings of a Non-question
- I What's in the Question?
- 1 Why Ask?
- 2 Two Readings.
- II What Courts Say: Rationales in Case Law
- 1 Nuremberg and Tokyo International Military Tribunals
- 2 UN ad hoc Tribunals
- 3 Hybrid Courts: Sierra Leone and Cambodia
- 4 International Criminal Court
- 5 Contours of Judicial Discourse
- III What Courts Do: Beneath the Surface of Judicial Penology
- 1 Sentencing Performativity: Expressivism as Meta-Justification
- 2 Disciplinary Identity and Discursive Constraints
- IV Conclusion
- 5 Punishment and the Domestic Analogy: Why It Can and Cannot Work
- I Domestic Analogy
- 1 Domestic Analogy Proper
- 2 Transplanting Domestic Theories.
- II Sui Generis
- 1 Nature of International Crimes
- 2 Perpetrators of International Crimes
- III Punishment and Sentencing in International Criminal Law
- IV Punishment and Community
- V Conclusion
- 6 Not Much, but Better than Nothing
- Purposes of Punishment in International Criminal Law: A Comment on the Contributions by Frank Neubacher, Sergey Vasiliev and Elies van Sliedregt
- I A Ius Puniendi without a State?
- II The Domestic Analogy
- III Transfer of Punishment Purposes, Sentencing and the Empirical Turn
- IV Retribution, Deterrence and (Re- )Affirmation
- V Conclusion.
- 7 The Why Question in International Criminal Punishment
- Framing the Landscapes of Asking: A Comment on the Contributions by Frank Neubacher, Sergey Vasiliev and Elies van Sliedregt
- I The Landscapes of Why
- 1 The Frame of Law
- 2 The Frame of Criminology
- 3 The Moral Frame
- 4 The Frame of 'Fantasmatic Logic'
- 5 The Frame of Politics
- II Conclusions
- 8 Is International Criminal Law Special?: A Comment on the Contributions by Frank Neubacher, Sergey Vasiliev and Elies van Sliedregt
- I The Need for Empirical Evidence
- II On the Role and Significance of Purposes of Punishment.