Atrocity, Punishment, and International LawThis book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice. |
Contents
Section 19 | 123 |
Section 20 | 125 |
Section 21 | 138 |
Section 22 | 149 |
Section 23 | 152 |
Section 24 | 155 |
Section 25 | 157 |
Section 26 | 169 |
Section 9 | 58 |
Section 10 | 66 |
Section 11 | 68 |
Section 12 | 73 |
Section 13 | 83 |
Section 14 | 85 |
Section 15 | 105 |
Section 16 | 106 |
Section 17 | 110 |
Section 18 | 112 |
Section 27 | 172 |
Section 28 | 178 |
Section 29 | 179 |
Section 30 | 181 |
Section 31 | 182 |
Section 32 | 185 |
Section 33 | 191 |
Section 34 | 194 |
Section 35 | 206 |
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Common terms and phrases
accountability accused aggravating amnesties Appeals Chamber Bosnia and Herzegovina Category Chapter civil collective responsibility committed context convicted cosmopolitan crimes against humanity Criminal Code criminal trials death penalty defendants deterrence discretion domestic due process East Timor East Timor Special ethnic example expressivism extraordinary international crimes former Yugoslavia frameworks gacaca gacaca courts genocide goals gravity guilty plea hoc tribunals human rights Hutu ICTR ICTY ICTY and ICTR imprisonment incarceration individuals initially insofar international criminal law international criminal tribunals international institutions international tribunals involved judges judicial jurisdiction killing Kosovo liability mass atrocity military mitigating factors modalities national courts Nazi norms Nuremberg offenders ordinary common crimes ordinary crimes Organic Law particular Pashtunwali penological perpetrators plea bargains political proceedings prosecution Prosecutor qualified deference referral regard remains retributive value Rwandan genocide sanction Serb Serbia SFRY thereby Timor Special Panels tion transplants Trial Chamber Tutsi victims war crimes
Popular passages
Page 4 - crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population...