Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rdxmf Total loading time: 0 Render date: 2024-11-25T06:46:21.293Z Has data issue: false hasContentIssue false

9 - ‘Can I Be Brought before the ICC?’

Deterrence of Mass Atrocities between Jus in Bello and Jus ad Bellum

from Part II - Rationales for Punishment in International Criminal Law: Theoretical Perspectives

Published online by Cambridge University Press:  07 February 2020

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

Summary

Jakob v.H. Holtermann addresses the question whether or not we have reason to believe that the ICC can deter potential perpetrators of international crimes, in particular the crime of aggression taking the Danish and British involvement in the Iraq War as an example, and he believes we have good reason to do so. As a ‘normativist’ he criticises the critics of deterrence, and their, in his view, too demanding burden of proof regarding a deterrent effect: It is not about conclusive evidence, but about levels of probability. And just like in domestic criminal law, we have reason to believe that the threat of international punishment has a deterrent effect. The domestic analogy does not break down, despite the differences between domestic, i.e., ‘ordinary’ and international crimes. In Holtermann’s view these differences should not be exaggerated, and he argues that the main difference lies in the absence on the international level of anything resembling a state’s monopoly of force. In the end, he argues that the ICC is one preventive measure among others, like a slice of Swiss cheese, i.e., with holes, or one component of a ‘broad spectrum’ drug, and that taken together – with other slices of Swiss cheese, or other components of a broad spectrum’ drug – these measures cause a deterrent effect.

Type
Chapter
Information
Why Punish Perpetrators of Mass Atrocities?
Purposes of Punishment in International Criminal Law
, pp. 137 - 160
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
×