Why punish war crimes? Victor's justice and expressive justifications of punishment

Law and Philosophy 25 (2):159-191 (2006)
This chapter applies insights from the expressive theory of punishment to the case of the punishment of war criminals by international tribunals. Wringe argues that although such cases are not paradigmatic cases of punishment, the denunciatory account can still cast light on them. He argues that war criminals can be seen as members of an international community for which international tribunals can act as a spokesperson. He also argues that in justifying the punishment lof war criminals we should pay especial attention to the expressive function of the trial.
Keywords Law   Philosophy of Law   Law Theory/Law Philosophy   Political Science   Social Issues  Punishment  War Crimes
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DOI 10.1007/s10982-005-8707-y
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Bill Wringe (2013). Must Punishment Be Intended to Cause Suffering? Ethical Theory and Moral Practice 16 (4):863-877.

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