Book contents
- Why Punish Perpetrators of Mass Atrocities?
- ASIL Studies in International Legal Theory
- Why Punish Perpetrators of Mass Atrocities?
- Copyright page
- Contents
- Contributors
- Preface
- Abbreviations
- 1 Introduction: The Need for a Robust and Consistent Theory of International Punishment
- 2 The Practical Importance of Theories of Punishment in International Criminal Law
- Part I Setting the Framework: Criminological, Historical and Domestic Perspectives
- Part II Rationales for Punishment in International Criminal Law: Theoretical Perspectives
- Part III Consequences for the Practice of the International Criminal Court
- 16 Prosecution Strategy at the International Criminal Court in Search of a Theory
- 17 Selectivity in International Criminal Law
- 18 Theories of Punishment in Sentencing Decisions of the International Criminal Court
- 19 Theories of Punishment at The Hague
- 20 From Punitive to Restorative Justice
- 21 Concluding Remarks
- Select Bibliography
- Index
20 - From Punitive to Restorative Justice
Victims’ Participation, Reparations and Theories of Punishment
from Part III - Consequences for the Practice of the International Criminal Court
Published online by Cambridge University Press: 07 February 2020
- Why Punish Perpetrators of Mass Atrocities?
- ASIL Studies in International Legal Theory
- Why Punish Perpetrators of Mass Atrocities?
- Copyright page
- Contents
- Contributors
- Preface
- Abbreviations
- 1 Introduction: The Need for a Robust and Consistent Theory of International Punishment
- 2 The Practical Importance of Theories of Punishment in International Criminal Law
- Part I Setting the Framework: Criminological, Historical and Domestic Perspectives
- Part II Rationales for Punishment in International Criminal Law: Theoretical Perspectives
- Part III Consequences for the Practice of the International Criminal Court
- 16 Prosecution Strategy at the International Criminal Court in Search of a Theory
- 17 Selectivity in International Criminal Law
- 18 Theories of Punishment in Sentencing Decisions of the International Criminal Court
- 19 Theories of Punishment at The Hague
- 20 From Punitive to Restorative Justice
- 21 Concluding Remarks
- Select Bibliography
- Index
Summary
Philipp Ambach focuses on the victims of crimes under international law and develops an approach of victim-related restorative justice. Ambach explains that victims’ participation in international criminal law proceedings lead to an enhanced ownership that moves away from punitive aspects. As a consequence, outreach is of major importance and selectivity is problematic. In sum, Ambach argues that international criminal justice and international criminal law proceedings have moved beyond mere punishment – or, to put it differently, that from the victims’ perspective (retributive) punishment is not enough.
- Type
- Chapter
- Information
- Why Punish Perpetrators of Mass Atrocities?Purposes of Punishment in International Criminal Law, pp. 364 - 379Publisher: Cambridge University PressPrint publication year: 2020