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Research Handbook on the Punishment of Atrocity Crimes
This Research Handbook examines the punishment of atrocity crime and presents a wide-ranging critique of post-conviction law, policy and practice. With a team of expert contributing authors, Róisín Mulgrew and Mikkel Jarle Christensen provide insights into the impact and implications of punishment models, strategies and frameworks.
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Critical Acclaim
Contents
More Information
This Research Handbook examines the punishment of atrocity crime and presents a wide-ranging critique of post-conviction law, policy and practice. With a team of expert contributing authors, Róisín Mulgrew and Mikkel Jarle Christensen provide insights into the impact and implications of punishment models, strategies and frameworks.
Taking a multidisciplinary approach, chapters analyse the work of international criminal courts and tribunals, as well as domestic criminal, military and traditional justice systems. Authors utilise a wide range of research methods and tools to bring the impact of different penalties, sentencing policies and sentence enforcement models to light. They also outline the implications of release and post-release strategies for a variety of stakeholders, such as accused persons, courts, states and wider society. Individually and collectively, these contributions add to a growing body of literature on how punishment can prevent and address atrocity crime, while also challenging contemporary assumptions about systems of punishment.
The Research Handbook on the Punishment of Atrocity Crimes is an essential read for academics, researchers and students in criminal law and justice, public international law and human rights. It is also an indispensable resource for lawyers, judges, policy-makers and practitioners working in the field of atrocity crime.
Taking a multidisciplinary approach, chapters analyse the work of international criminal courts and tribunals, as well as domestic criminal, military and traditional justice systems. Authors utilise a wide range of research methods and tools to bring the impact of different penalties, sentencing policies and sentence enforcement models to light. They also outline the implications of release and post-release strategies for a variety of stakeholders, such as accused persons, courts, states and wider society. Individually and collectively, these contributions add to a growing body of literature on how punishment can prevent and address atrocity crime, while also challenging contemporary assumptions about systems of punishment.
The Research Handbook on the Punishment of Atrocity Crimes is an essential read for academics, researchers and students in criminal law and justice, public international law and human rights. It is also an indispensable resource for lawyers, judges, policy-makers and practitioners working in the field of atrocity crime.
Critical Acclaim
‘This Research Handbook takes up a wide variety of themes and an amazingly broad, multidimensional and inter- and multidisciplinary approach to both punishing and sentencing atrocity crimes. It is informative, insightful and challenging. A “must-read” for those interested in the field of international criminal justice and atrocity crimes.’
– Alette Smeulers, University of Groningen, the Netherlands
‘The Research Handbook on the Punishment of Atrocity Crimes offers an unusually comprehensive take on a neglected area of research. Rich in conceptual, empirical, and methodological approaches, this is a “must-read” for anyone concerned with punishment and justice after atrocity crimes.’
– Kjersti Lohne, University of Oslo, Norway
‘This Handbook offers a second-generation view of research regarding the punishment of atrocity crimes. It constellates new voices, connects seasoned perspectives, and nimbly traverses boundaries whether jurisdictional or conceptual. The editors offer an indispensable contribution to the literature.’
– Mark Drumbl, Washington and Lee University, School of Law, US
– Alette Smeulers, University of Groningen, the Netherlands
‘The Research Handbook on the Punishment of Atrocity Crimes offers an unusually comprehensive take on a neglected area of research. Rich in conceptual, empirical, and methodological approaches, this is a “must-read” for anyone concerned with punishment and justice after atrocity crimes.’
– Kjersti Lohne, University of Oslo, Norway
‘This Handbook offers a second-generation view of research regarding the punishment of atrocity crimes. It constellates new voices, connects seasoned perspectives, and nimbly traverses boundaries whether jurisdictional or conceptual. The editors offer an indispensable contribution to the literature.’
– Mark Drumbl, Washington and Lee University, School of Law, US
Contents
Contents:
Introduction: researching the punishment of atrocity crimes 1
Róisín Mulgrew and Mikkel Jarle Christensen
PART I PRINCIPLES, PENALTIES AND PUNITIVE REACH
1 International punishment, expression, and atrocity prevention 13
Geoff Dancy
2 Life imprisonment and international criminal law 35
Dirk van Zyl Smit
3 Impunity and atrocity punishment after mass violence and conflict: questioning the admissibility of leniency measures in (post)transition contexts 59
Marion Vironda Dubray
4 Punishment as experienced by persons tried for international crimes by national courts 85
Damien Scalia and Marie-Sophie Devresse
PART II SENTENCING
5 Theories of punishment and the sentencing practice of the International Criminal Court: between lip service and guiding principles 104
Aziz Epik
6 Sentencing at the ICC: is it time for sentencing guidelines? 120
Roger S Clark and Beti Hohler
7 ‘Internationalised’ rehabilitation: a general principle emerging from the practice of international criminal courts and tribunals 143
Alice Riccardi
8 A contested platform?: victims’ voices in international sentencing 162
Oriola Oyewole
9 Punishing atrocity crimes in Bosnia and Herzegovina: an analysis of sentencing jurisprudence 189
Jasenka Ferizovic
Introduction: researching the punishment of atrocity crimes 1
Róisín Mulgrew and Mikkel Jarle Christensen
PART I PRINCIPLES, PENALTIES AND PUNITIVE REACH
1 International punishment, expression, and atrocity prevention 13
Geoff Dancy
2 Life imprisonment and international criminal law 35
Dirk van Zyl Smit
3 Impunity and atrocity punishment after mass violence and conflict: questioning the admissibility of leniency measures in (post)transition contexts 59
Marion Vironda Dubray
4 Punishment as experienced by persons tried for international crimes by national courts 85
Damien Scalia and Marie-Sophie Devresse
PART II SENTENCING
5 Theories of punishment and the sentencing practice of the International Criminal Court: between lip service and guiding principles 104
Aziz Epik
6 Sentencing at the ICC: is it time for sentencing guidelines? 120
Roger S Clark and Beti Hohler
7 ‘Internationalised’ rehabilitation: a general principle emerging from the practice of international criminal courts and tribunals 143
Alice Riccardi
8 A contested platform?: victims’ voices in international sentencing 162
Oriola Oyewole
9 Punishing atrocity crimes in Bosnia and Herzegovina: an analysis of sentencing jurisprudence 189
Jasenka Ferizovic
