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Books > Law > Laws of other jurisdictions & general law > Criminal law
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Atrocity, Punishment, and International Law (Paperback)
Loot Price: R1,019
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Atrocity, Punishment, and International Law (Paperback)
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This book argues that accountability for extraordinary atrocity
crimes should not uncritically adopt the methods and assumptions of
ordinary liberal criminal law. Criminal punishment designed for
common criminals is a response to mass atrocity and a device to
promote justice in its aftermath. This book comes to this
conclusion after reviewing the sentencing practices of
international, national, and local courts and tribunals that punish
atrocity perpetrators. Sentencing practices of these institutions
fail to attain the goals that international criminal law ascribes
to punishment, in particular retribution and deterrence. Fresh
thinking is necessary to confront the collective nature of mass
atrocity and the disturbing reality that individual membership in
group-based killings is often not maladaptive or deviant behavior
but, rather, adaptive or conformist behavior. This book turns to a
modern, and adventurously pluralist, application of classical
notions of cosmopolitanism to advance the frame of international
criminal law to a broader construction of atrocity law and towards
an interdisciplinary, contextual, and multicultural conception of
justice.
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