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
- 9 ‘Can I Be Brought before the ICC?’
- 10 An Argument for Retributivism in International Criminal Law
- 11 An Expressive Theory of International Punishment for International Crimes
- 12 We’re Exhausting Ourselves, Let’s Get Busy Instead
- 13 Positive General Prevention and the Idea of Civic Courage in International Criminal Law
- 14 The Individual and the International Community
- 15 The Right to Punishment for International Crimes
- Part III Consequences for the Practice of the International Criminal Court
- Select Bibliography
- Index
12 - We’re Exhausting Ourselves, Let’s Get Busy Instead
A Comment on the Contributions by Jakob v.H. Holtermann, Mordechai Kremnitzer and Daniela Demko
from Part II - Rationales for Punishment in International Criminal Law: Theoretical Perspectives
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
- 9 ‘Can I Be Brought before the ICC?’
- 10 An Argument for Retributivism in International Criminal Law
- 11 An Expressive Theory of International Punishment for International Crimes
- 12 We’re Exhausting Ourselves, Let’s Get Busy Instead
- 13 Positive General Prevention and the Idea of Civic Courage in International Criminal Law
- 14 The Individual and the International Community
- 15 The Right to Punishment for International Crimes
- Part III Consequences for the Practice of the International Criminal Court
- Select Bibliography
- Index
Summary
In his comment on the contributions by Holtermann, Demko and Kremnitzer, Mark Drumbl engages with their respective pleas for a predominance of deterrence, expressivism and retribution. In reference to Kremnitzer’s contribution on retribution, he doubts that ‘victimizers-victims’ deserve punishment. They might deserve something else, but something that is not delivered in a criminal courtroom. While he is sympathetic to the expressivist theory and the communicative function of punishment, as developed by Demko, he doubts that a court room is the best place to host those conversations. He worries that the medium – the court – becomes the message. Similarly, he doubts that the courtroom is the best place to tell the truth. The criminal trial illuminates selectively, not comprehensively. It communicates an incomplete truth that does not shed light on the bystanders, and complicity, side-standers. Finally, with regard to Holtermann, Drumbl – as one of the critics of deterrence that Holtermann criticizes – remains unconvinced that international punishment has a deterrent effect. For him, deterrence can at best be believed through a combination of anecdote, superimposition, and faith.
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- Why Punish Perpetrators of Mass Atrocities?Purposes of Punishment in International Criminal Law, pp. 196 - 212Publisher: Cambridge University PressPrint publication year: 2020
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