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20 - From Punitive to Restorative Justice

Victims’ Participation, Reparations and Theories of Punishment

from Part III - Consequences for the Practice of the International Criminal Court

Published online by Cambridge University Press:  07 February 2020

Florian Jeßberger
Affiliation:
Universität Hamburg
Julia Geneuss
Affiliation:
Universität Hamburg
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Summary

Philipp Ambach focuses on the victims of crimes under international law and develops an approach of victim-related restorative justice. Ambach explains that victims’ participation in international criminal law proceedings lead to an enhanced ownership that moves away from punitive aspects. As a consequence, outreach is of major importance and selectivity is problematic. In sum, Ambach argues that international criminal justice and international criminal law proceedings have moved beyond mere punishment – or, to put it differently, that from the victims’ perspective (retributive) punishment is not enough.

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Why Punish Perpetrators of Mass Atrocities?
Purposes of Punishment in International Criminal Law
, pp. 364 - 379
Publisher: Cambridge University Press
Print publication year: 2020

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