Universal Jurisdiction and International Criminal Law

In Chad Flanders & Zachary Hoskins (eds.), The New Philosophy of Criminal Law. London, UK: Rowman & Littlefield International. pp. 113-130 (2015)
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Abstract

Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns about both of these views and then defends her own account. On her view, the heinousness of the crimes is relevant, but what makes these crimes the business of the international community is that the community in fact recognizes certain norms against especially heinous crimes. If the international community fails to prosecute and punish those who perpetrate these crimes, this impunity undermines the rule of law, and thereby hinders the maintenance of peace the the protection of human rights.

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Jovana Davidovic
University of Iowa

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Punishment.Zachary Hoskins - 2016 - Analysis 77 (3):anw022.

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