TAILIEUCHUNG - Atrocity, Punishment, And International Law

In Atrocity, Punishment, and International Law, Mark Drumbl rethinks how per- petrators of atrocity crimes should be punished. After first reviewing the sentencing practices of courts and tribunals that censure genocide, crimes against humanity, and war crimes, he concludes that these practices fall short of the goals that interna- tional criminal law ascribes to punishment, in particular retribution and deterrence. This raises the question whether international prosecutorial and correctional prefer- ences are as effective as we hope. Drumbl argues that the pursuit of accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. He calls for fresh thinking to confront the. | Atrocity Punishment and international Law Mark A. Drumbl ClMtfMIUGt Cambridge 9780521870894 This page intentionally left blank atrocity punishment and international law In Atrocity Punishment and International Law Mark Drumbl rethinks how perpetrators of atrocity crimes should be punished. After first reviewing the sentencing practices of courts and tribunals that censure genocide crimes against humanity and war crimes he concludes that these practices fall short of the goals that international criminal law ascribes to punishment in particular retribution and deterrence. This raises the question whether international prosecutorial and correctional preferences are as effective as we hope. Drumbl argues that the pursuit of accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. He calls for fresh thinking 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 deploys a bold and adventurously pluralist interpretation of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and a more meaningful understanding of justice. Drumbl concludes by offering concrete reforms. He urges contextual responses to atrocity that welcome bottom-up perspectives including restorative reparative and reintegrative traditions that may differ from the adversarial Western criminal trial. Mark A. Drumbl is the Class of 1975 Alumni Professor at the School of Law Washington and Lee University where he also serves as Director of the Transnational Law Institute. He has held visiting appointments at Oxford University University College Trinity College Dublin Vanderbilt University and the University of Ottawa. In 2005 his academic work received the .

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