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
13 - Positive General Prevention and the Idea of Civic Courage in International Criminal Law
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
Klaus Günther considers the contents of the message communicated with international punishment. In his outline of the communicative structure of criminal law in general, he considers the different stages of the communicative sequence and, at the same time, elaborates on the different messages sent at each stage to the offender, the victims and the society. He then asks the question of whether these messages can be transferred from the domestic to the international level, i.e., the domestic analogy. While a transfer is possible, Günther argues that some modifications are necessary in particular regarding the normative community as addressees. Günther explains that due to the dual status of each individual, as a member of the ‘international community’ and as a member of the domestic normative community, addressees of international criminal norms at the same time are also always bound by domestic laws. This dual status requires a ‘critical reflective attitude’ with regard to the human rights legitimacy of the domestic law. And in case of a – direct or indirect – norm collision between domestic law and international law, international criminal law delivers the message to disobey the demands of the domestic system: What is required from the addressee of international criminal law norms is civic courage and the willingness to non-conformist behaviour.
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- Why Punish Perpetrators of Mass Atrocities?Purposes of Punishment in International Criminal Law, pp. 213 - 227Publisher: Cambridge University PressPrint publication year: 2020
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