RT Article
T1 The fruits of wrongdoing in international law: what does (and does not) happen when laws are broken
JF Punishment in international society
SP 44
OP 72
A1 Neff, Stephen C. 1950-
LA English
YR 2024
UL https://krimdok.uni-tuebingen.de/Record/1940996376
AB There are three basic perspectives on consequences of norm violations in international law: the compensatory, the utilitarian, and the punitive. The principal one is compensatory, in which the purpose is to make the injured party whole. This was an important feature of medieval just-war doctrine, and it is seen at its clearest in the original medieval practice of reprisals. It remains at the core of the modern law as the principle of reparation. The utilitarian approach is oriented toward inducing the norm-violating party to alter its conduct and thereby is essentially rehabilitative in nature. Its clearest manifestation is in the 19th-century reprisal practice, which is the direct ancestor of the contemporary law of countermeasures. Least prominent of the three approaches has been the punitive one. Post-medieval just-war doctrine provided for punitive wars, although actual examples are few. Modern international law takes a principled stand against punitivity, although there are some indications that that could change in the future.
NO Literaturverzeichnis: Seite 72
SN 9780197693483
K1 Just War
K1 reprisals
K1 countermeasures
K1 punitive damages
K1 Self-defense
K1 Compensation
K1 Humanitarian Intervention
K1 Internationales Recht : Rechtsverletzung : Geschichte : Justiz