Atrocity, Punishment, and International Law

Drumbl, Mark A.

doi:10.1017/cbo9780511611100.002

Cited by 38 publications

(45 citation statements)

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“…Because of its strong connection to domestic criminal law, individual accountability should need little explanation (Drumbl 2007). Mirroring its domestic counterpart, international law has created more than 20 international crimes (Bassiouni 2008), such as the prohibition against torture or the commission of war crimes, and at least in theory, those who violate such standards are to be prosecuted for doing so.…”

Section: Introductionmentioning

confidence: 99%

Human Rights Protection in Global Politics

Mills

Karp

2015

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This exciting new series encompasses three principal themes: the interaction of human and natural systems; cooperation and conflict; and the enactment of values. The series as a whole places an emphasis on the examination of complex systems and causal relations in political decision-making; problems of knowledge; authority, control and accountability in issues of scale; and the reconciliation of conflicting values and competing claims. Throughout the series the concentration is on an integration of existing disciplines toward the clarification of political possibility as well as impending crises.

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Section: Introductionmentioning

confidence: 99%

Human Rights Protection in Global Politics

Mills

Karp

2015

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“…Arguably, support among the publics in the affected countries is one of the most critical types of success necessary for these institutions to gain legitimacy and facilitate the realization of their more far-reaching objectives, such as promoting deterrence, peace, and reconciliation (Drumbl, 2007;Kelsall, 2009). As deGuzman (2012: 268) writes, '… the globalization of communications increasingly means that an institution's legitimacy depends on the opinions of ordinary citizens around the world'.…”

Section: Introductionmentioning

confidence: 99%

“…As deGuzman (2012: 268) writes, '… the globalization of communications increasingly means that an institution's legitimacy depends on the opinions of ordinary citizens around the world'. However, scholars have pointed to many potential deficiencies in international courts in particular, and transitional justice more generally, such as their 'democracy deficit' (Drumbl, 2007); legalistic method of dispute resolution that privileges justice over peace (Snyder and Vinjamuri, 2003-04;Mendelhoff, 2004), and other political problems (Grodsky, 2007;Lebaw, 2008) that may cause affected publics to distrust international justice and thus sow the seeds of local failure. If public perceptions of international courts are tainted by accusations of victor's justice, western domination, or disregard for local interests, the legitimacy of international justice will be undermined.…”

Section: Introductionmentioning

confidence: 99%

Explaining public opinion on international criminal justice

Meernik

2014

Eur. Pol. Sci. Rev.

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Despite the fact that international courts have proven popular in the last 20 years, systematic and empirical inquiry to determine whether they are beginning to realize their objectives is a fairly recent phenomenon. Support among the publics in the affected countries is critical to their success for, as deGuzman writes, '… the globalization of communications increasingly means that an institution's legitimacy depends on the opinions of ordinary citizens around the world'. I develop a theory of public opinion regarding international criminal justice and test it on support for the International Criminal Tribunal for the former Yugoslavia (ICTY), among peoples of the former Yugoslavia. I contend that support for the ICTY is filtered through individuals' perceptions of the past, present, and future. As one's beliefs about whether conditions are good or improving grow more positive, such positive perceptions are generalized to extend to international institutions that play a major role in shaping those conditions. In addition, I argue that support for the ICTY is strongly influenced by an individual's views of the legitimacy and morality of the law. Ethnicity is also important in differentiating levels of support across the peoples of the former Yugoslavia.

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“…Indeed, the sentencing practice of the tribunals has been heavily criticized and labelled as confusing, disparate and inconsistent (De Roca, 2008;Drumbl, 2007;Olusanya, 2005). Conversely, the scarce empirical evaluative studies (D'Ascoli, 2011;Doherty and Steinberg, 2009;Hola et al, 2009;Meernik, 2003;Meernik and King, 2003;Meernik et al, 2005) have concluded that there appears to be a fair degree of consistency in international sentencing, although differences in sentencing mechanisms between the tribunals have never been analysed.…”

Section: Introductionmentioning

confidence: 99%

Consistency of international sentencing: ICTY and ICTR case study

Holá¹,

Bijleveld²,

Smeulers

2012

European Journal of Criminology

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The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are the first, post Cold War international criminal tribunals convicting perpetrators of genocide, crimes against humanity and war crimes. Their sentencing practice has been largely criticized as inconsistent. This quantitative study addresses the criticism and empirically investigates the consistency of international sentencing. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that similar, legally relevant patterns have emerged in the sentencing practice of both tribunals. Sentencing in international criminal practice does not appear to be less consistent than sentencing under domestic jurisdictions.

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Atrocity, Punishment, and International Law

Cited by 38 publications

References 0 publications

Human Rights Protection in Global Politics

Human Rights Protection in Global Politics

Explaining public opinion on international criminal justice

Consistency of international sentencing: ICTY and ICTR case study

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