TITLE

A �Slice of Cheese��a Deterrence-Based Argument for the International Criminal Court

AUTHOR(S)
Holtermann, Jakob
PUB. DATE
September 2010
SOURCE
Human Rights Review;Sep2010, Vol. 11 Issue 3, p289
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Over the last decade, theorists have persistently criticised the assumption that the International Criminal Court (ICC) can produce a noteworthy deterrent effect. Consequently, consensus has emerged that we should probably look for different ways to justify the ICC or else abandon the prestigious project entirely. In this paper, I argue that these claims are ill founded and rest primarily on misunderstandings as to the idea of deterrence through punishment. They tend to overstate both the epistemic certainty as to and the size of the deterrent effect necessary in order to thus justify punishment. I argue that we should in general expect reasonably humane punitive institutions to lead to better consequences than if we abolish punishment entirely, and I show that, contrary to widespread assumption among critics of the ICC, we should not expect the conditions characteristically surrounding mass atrocity to undermine this presumption. Properly understood, the ICC equals adding another �slice of cheese� to our comprehensive crime preventive system modelled along the lines of James Reason�s Swiss cheese model of accident causation and risk management. Undoubtedly, some future perpetrators will elope through the holes in this layer too, but others will be deterred.
ACCESSION #
52575848

 

Related Articles

  • Managing Expectations: International Criminal Trials and the Prospects for Deterrence of Mass Atrocity. Cronin-Furman, Kate // International Journal of Transitional Justice;Nov2013, Vol. 7 Issue 3, p434 

    Despite high hopes that the proliferation of international justice mechanisms represents progress toward the maintenance of international peace and security, claims about the ability of prosecutions to prevent future atrocities remain largely unexamined. These claims rely on undertheorized...

  • Debate: The role of international criminal justice in fostering compliance with international humanitarian law. Jenks, Chris; Acquaviva, Guido // International Review of the Red Cross;Dec2014, Vol. 96 Issue 895-896, p775 

    Much has been written about the “deterrent” role of international courts and tribunals in preventing potential atrocities. Since the establishment of the ad hoc tribunals and the International Criminal Court, the international community has sought to anchor the legitimacy of...

  • CRIMINALIZING HATE SPEECH IN THE CRUCIBLE OF TRIAL: PROSECUTOR V. NAHIMANA. Orentlicher, Diane F. // American University International Law Review;2006, Vol. 21 Issue 4, p557 

    No abstract available.

  • PRACTICES OF STIGMATIZATION. MÉGRET, FRÉDÉRIC // Law & Contemporary Problems;2013, Vol. 76 Issue 3/4, p287 

    The article discusses the goals of international criminal justice as of July 2014, focusing on various opinions regarding international criminal tribunals such as the International Criminal Court (ICC) and judicial goals such as the stigmatization of certain types of behavior. French sociologist...

  • EGYPT-JUSTICE.  // Middle East Reporter (Daily Edition);4/20/2011, Vol. 198 Issue 5077, p9 

    The article reports that Egypt will be joining the International Criminal Court as part of its initiative in establishing a state of law as well as all United Nations (UN)agreements on human rights.

  • Colonialism and injustice. Philpot, John // Canadian Dimension;Mar/Apr97, Vol. 31 Issue 2, p8 

    Focuses on the International Criminal Tribunal for Rwanda. Establishment in November 1994 by the United Nations Security Council; Limitations on people who can be indicted and jurisdiction on violations of international humanitarian law; Crisis stemming from military intervention in Rwanda.

  • The politics of justice. Zarembo, Alan // Newsweek (Atlantic Edition);04/20/98 (Atlantic Edition), Vol. 131 Issue 16, p21 

    Looks at efforts of human rights advocates to establish the International Criminal Court (ICC). June 1998 meeting in Rome to draft and ratify a treaty creating the court; The court as a symbol of the world's stance against atrocities, such as Pol Pot's murder of more than 1 million Cambodians.

  • The politics of justice. Zarembo, Alan // Newsweek (Pacific Edition);04/20/98 (Pacific Edition), Vol. 131 Issue 16, p27 

    Looks at efforts of human rights advocates to establish the International Criminal Court (ICC). June 1998 meeting in Rome to draft and ratify a treaty creating the court; The court as a symbol of the world's stance against atrocities, such as Pol Pot's murder of more than 1 million Cambodians.

  • The Self-Defeating International Criminal Court. Goldsmith, Jack // University of Chicago Law Review;Winter2003, Vol. 70 Issue 1, p89 

    Discusses the mechanisms of the International Criminal Court (ICC) futility and perversity. Factors that will make ICC incapable of punishing serious human rights abusers; Way in which the ICC will likely lead to less rather than more punishment for human rights abusers; Probable reasons that...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics