Atrocity, Punishment, and International Law

ISBN-13: 9780521870894 / Angielski / Twarda / 2007 / 318 str.

Mark A. Drumbl

Opis

This book rethinks how people who perpetrate atrocity crimes should be punished. Based on an 'on the ground' review of the sentencing of perpetrators of genocide and crimes against humanity in Rwanda, Bosnia, East Timor, and other places afflicted by atrocity, this book concludes that the international community's preference for prosecution and imprisonment may not be as effective as we hope. Instead, this book calls for a broader-based response to atrocity that welcomes bottom-up perspectives, including restorative, reparative, and reintegrative traditions, that may differ from the adversarial Western criminal trial. The time has come for international criminal law as a discipline to move beyond nascence and to welcome a more challenging stage: that of re-appraisal and self-improvement.

Recenzje

'Drumbl's book is excellent and thought-provoking. By focusing on sentencing it fills an important lacuna in scholarly literature. … Drumbl himself states that his major aim was to trigger further debate and research and in this he has fully succeeded.' Leiden Journal of International Law

Spis treści

1. Extraordinary crime and ordinary punishment: an overview; 2. Conformity and deviance; 3. Punishment of international crimes in international criminal tribunals; 4. Punishment of international crimes in national and local criminal justice institutions; 5. Legal mimicry; 6. Quest for purpose; 7. From law to justice; 8. Conclusion: some immediate implications.