Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2plfb Total loading time: 0 Render date: 2024-11-29T00:06:37.610Z Has data issue: false hasContentIssue false

17 - Selectivity in International Criminal Law

Asymmetrical Enforcement as a Problem for Theories of Punishment

from Part III - Consequences for the Practice of the International Criminal Court

Published online by Cambridge University Press:  07 February 2020

Florian Jeßberger
Affiliation:
Universität Hamburg
Julia Geneuss
Affiliation:
Universität Hamburg
Get access

Summary

Harmen van der Wilt explains the ICC’s and the Rome Statute’s ‘design selectivity’, i.e., the ICC’s legal, structural and political limitations and well as its inherent selectivity when selecting ‘situations’ and ‘cases’. He analyzes how the problem of selectivity in international criminal law, i.e., the systematical exemption of entire categories of perpetrators from accountability, creates tensions with traditional theories of punishment. In emphasizing the shift from punishment to trial, he argues that international criminal law’s inherent selectivity can best be processed by expressivism. However, contemporary international criminal law, he concludes, conveys the ‘perverse message’ that ‘criminal responsibility depends on the party or nation one belongs to and the side on which one fights’. For the future, he calls for an approach of ‘dauntless perseverance’.

Type
Chapter
Information
Why Punish Perpetrators of Mass Atrocities?
Purposes of Punishment in International Criminal Law
, pp. 305 - 322
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×