RT Article
T1 Criminology of international crimes
JF Why punish perpetrators of mass atrocities?
SP 25
OP 44
A1 Neubacher, Frank 1965-
LA English
YR 2021
UL https://krimdok.uni-tuebingen.de/Record/1945085363
AB Frank Neubacher looks at theories of punishment in international criminal law from a criminologist's perspective. He addresses three interconnected issues: The purpose of punishment, the explanation of international crimes, and sentencing. As regards the former, he is a strong advocate of a combination of different preventive theories as rationale for (international) punishment, but adds elements of restorative justice. Regarding the explanation of international crimes, he distinguishes three levels: the macro-, meso- and micro-level, connected to the system, the group and the individual, respectively. For Neubacher, it is most important to emphasize that collective violence, in which international crimes are being committed, is a situational process. He explains that when it comes to mass atrocities the perpetrator’s behaviour is illegal, but socially not deviant. Finally, as regards the reaction to international crimes, Neubacher explains that for a deterrent effect to ensue, the certainty of punishment is decisive, not the severity. Regarding the sentencing decisions, he sees a disregard of the individual perpetrator’s circumstances and proposes a more nuanced model of liability (and, thus, culpability) which takes into account the hierarchical position of the perpetrators as well as his or her discretional power.
SN 9781108475143
K1 criminology of international crimes
K1 explanation of international crimes
K1 preventive theories
K1 situational perspective
K1 certainty of punishment