Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-02T21:39:12.874Z Has data issue: false hasContentIssue false

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

Florian Jeßberger
Affiliation:
Universität Hamburg
Julia Geneuss
Affiliation:
Universität Hamburg
Get access

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.

Type
Chapter
Information
Why Punish Perpetrators of Mass Atrocities?
Purposes of Punishment in International Criminal Law
, pp. 213 - 227
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×