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11 - An Expressive Theory of International Punishment for International Crimes

from Part II - Rationales for Punishment in International Criminal Law: Theoretical Perspectives

Published online by Cambridge University Press:  07 February 2020

By
Daniela Demko
Edited by
Florian Jeßberger  and
Julia Geneuss
Florian Jeßberger
Affiliation:
Universität Hamburg
Julia Geneuss
Affiliation:
Universität Hamburg
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Summary

Daniela Demko develops the basic features of a comprehensive expressive theory of punishment for international crimes. She highlights the communicative significance of two functions of international punishment: the trust in norm validity and to assign responsibility. While focusing on the communicative aspects of international punishment, she also shows how retributive and preventive theories and the specific purposes of punishment in international criminal law – the protection of victims and the rejection of a collective guilt thesis – can be integrated into an expressive theory of international punishment. In addition, Demko identifies the protection of the truth, the protection of victims and the rejection of a collective guilt thesis as criminal purposes specific to international criminal law, and integrates them into the statement of content of international punishment.

Keywords

expressivismtrust in norm validityassignment of responsibilityprotection of truthprotection of victims
Type
Chapter
Information
Why Punish Perpetrators of Mass Atrocities?
Purposes of Punishment in International Criminal Law
 , pp. 176 - 195
Publisher: Cambridge University Press
Print publication year: 2020

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