Atrocity, Punishment, and International Law
This 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.
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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 Special ethnic example expressivism extraordinary international crimes former Yugoslavia frameworks gacaca gacaca courts genocide goals gravity guilty plea hoc tribunals 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 ofpunishment ofthe 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 violence war crimes