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Principle of Retribution for International Crimes - Essay Example
Most philosophical approaches to international criminal justice have focused on the jurisprudential rationale for punishing criminals in an international forum, seeking to defend the normative status of international criminal law against assertions that such trials violate the principle of nullum crimen sine lege…
h. Without a coherent philosophical theory of criminal punishment to justify international criminal justice, the mere authority or "permission" to apply a set of norms to international criminals remains vacuous. If such trials cannot provide substantive justice in a philosophically meaningful sense, they are more deeply flawed than any procedural objection would reveal. (John, 2001)
The idea that all criminals should be punished for their illicit deeds, regardless of their political position, is at the heart of the modern international criminal law regime. The former argues that the benefits, over either the short or long run, of punishing people such as Goring or Saddam Hussein in a legal forum justify such trials. ...