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6 - Not Much, but Better than Nothing – Purposes of Punishment in International Criminal Law

A Comment on the Contributions by Frank Neubacher, Sergey Vasiliev and Elies van Sliedregt

from Part I - Setting the Framework: Criminological, Historical and Domestic Perspectives

Published online by Cambridge University Press:  07 February 2020

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

Kai Ambos takes up the question of the domestic analogy ‘proper’ and raises the question of whether a right to punish can exist without a state, and answers it in the affirmative. When it comes to what Elies van Sliedregt would call the domestic analogy ‘of transplants’, he is less sceptical: In his view, international criminal law can very well borrow and import concepts from domestic law, albeit it should not be done too schematically and there might be some limits. As regards sentencing, Ambos emphasizes the important of concrete sentencing factors and a transparent sentencing procedure, but in his view theories of punishment have no influence on the outcome.

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Why Punish Perpetrators of Mass Atrocities?
Purposes of Punishment in International Criminal Law
, pp. 103 - 112
Publisher: Cambridge University Press
Print publication year: 2020

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