War crimes, punishment and the burden of proof

Res Publica 16 (2):181-196 (2010)
This paper argues that there is a default presumption that punishment has some deterrent effect, and that the burden of proof is upon those who allege that the costs of any particular penal system are insufficient to offset its deterrent benefits. This burden of proof transmits to the discussion of international law, with the conclusion that it is those who oppose international jurisdiction, rather than their opponents, who must prove their position. This they have so far failed to do.
Keywords Punishment  Deterrence  War crimes  International courts
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DOI 10.1007/s11158-010-9110-6
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References found in this work BETA
Anthony Ellis (2003). A Deterrence Theory of Punishment. Philosophical Quarterly 53 (212):337–351.
Larry May (2006). Crimes Against Humanity. Ethics and International Affairs 20 (3):349–352.
Warren Quinn (1985). The Right to Threaten and the Right to Punish. Philosophy and Public Affairs 14 (4):327-373.
Phillip Montague (1999). Punishment as Societal Defense. Philosophy and Phenomenological Research 59 (2):548-550.

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