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  • 11 - An Expressive Theory of International Punishment for International Crimes

  • from Part II - Rationales for Punishment in International Criminal Law: Theoretical 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 176-195

  • Summary

    Daniela Demko develops the basic features of a comprehensive expressive theory of punishment for international crimes. She highlights the communicative significance of two functions of international punishment: the trust in norm validity and to assign responsibility. While focusing on the communicative aspects of international punishment, she also shows how retributive and preventive theories and the specific purposes of punishment in international criminal law – the protection of victims and the rejection of a collective guilt thesis – can be integrated into an expressive theory of international punishment. In addition, Demko identifies the protection of the truth, the protection of victims and the rejection of a collective guilt thesis as criminal purposes specific to international criminal law, and integrates them into the statement of content of international punishment.