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  • 6 - Not Much, but Better than Nothing – Purposes of Punishment in International Criminal Law

  • from Part I - Setting the Framework: Criminological, Historical and Domestic Perspectives
  • Edited by Florian Jeßberger, Universität Hamburg, Julia Geneuss, Universität Hamburg
  • Book:
    Why Punish Perpetrators of Mass Atrocities?
    Published online:
    07 February 2020
    Print publication:
    20 February 2020, pp 103-112

  • Summary

    Kai Ambos takes up the question of the domestic analogy ‘proper’ and raises the question of whether a right to punish can exist without a state, and answers it in the affirmative. When it comes to what Elies van Sliedregt would call the domestic analogy ‘of transplants’, he is less sceptical: In his view, international criminal law can very well borrow and import concepts from domestic law, albeit it should not be done too schematically and there might be some limits. As regards sentencing, Ambos emphasizes the important of concrete sentencing factors and a transparent sentencing procedure, but in his view theories of punishment have no influence on the outcome.