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from Part II - Rationales for Punishment in International Criminal Law: Theoretical Perspectives
Published online by Cambridge University Press: 07 February 2020
Jens David Ohlin develops from human rights what he calls a theory of ‘expressive retributivism’ for international crimes (and other severe human rights violations). Relying on the jurisprudence of the European Court of Human Rights he argues for a state’s duty to punish international crimes, a duty that is owed to the victims and based on human rights. He states that in the context of international criminal law, even mercy is a human rights violation. Ohlin connects his theory of ‘expressive retributivism’ to the anti-impunity discourse in international criminal law, and argues that, if states do not comply with their duty to punish international crimes, the ICC can step in. The victims’ human right to see their perpetrators punished also explains their role and significance in international criminal procedure.
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