Forskning ved Københavns Universitet - Københavns Universitet

Forside

”Can I Be Brought Before the ICC?”: Revisiting deterrence of mass atrocities between Jus in Bello and Jus ad Bellum

Publikation: Bidrag til bog/antologi/rapportBidrag til bog/antologiForskningfagfællebedømt

Standard

”Can I Be Brought Before the ICC?” : Revisiting deterrence of mass atrocities between Jus in Bello and Jus ad Bellum. / Holtermann, Jakob v. H.

Why Punish Perpetrators of Mass Atrocities?: Theoretical and Practical Perspectives on Punishment in International Criminal Law. red. / Florian Jeßberger; Julia Geneuss. Cambridge University Press, 2020.

Publikation: Bidrag til bog/antologi/rapportBidrag til bog/antologiForskningfagfællebedømt

Harvard

Holtermann, JVH 2020, ”Can I Be Brought Before the ICC?”: Revisiting deterrence of mass atrocities between Jus in Bello and Jus ad Bellum. i F Jeßberger & J Geneuss (red), Why Punish Perpetrators of Mass Atrocities?: Theoretical and Practical Perspectives on Punishment in International Criminal Law. Cambridge University Press.

APA

Holtermann, J. V. H. (Accepteret/In press). ”Can I Be Brought Before the ICC?”: Revisiting deterrence of mass atrocities between Jus in Bello and Jus ad Bellum. I F. Jeßberger, & J. Geneuss (red.), Why Punish Perpetrators of Mass Atrocities?: Theoretical and Practical Perspectives on Punishment in International Criminal Law Cambridge University Press.

Vancouver

Holtermann JVH. ”Can I Be Brought Before the ICC?”: Revisiting deterrence of mass atrocities between Jus in Bello and Jus ad Bellum. I Jeßberger F, Geneuss J, red., Why Punish Perpetrators of Mass Atrocities?: Theoretical and Practical Perspectives on Punishment in International Criminal Law. Cambridge University Press. 2020

Author

Holtermann, Jakob v. H. / ”Can I Be Brought Before the ICC?” : Revisiting deterrence of mass atrocities between Jus in Bello and Jus ad Bellum. Why Punish Perpetrators of Mass Atrocities?: Theoretical and Practical Perspectives on Punishment in International Criminal Law. red. / Florian Jeßberger ; Julia Geneuss. Cambridge University Press, 2020.

Bibtex

@inbook{1fa36e61faf44c67a9588fac65c2d221,
title = "”Can I Be Brought Before the ICC?”: Revisiting deterrence of mass atrocities between Jus in Bello and Jus ad Bellum",
abstract = "This article returns to the discussion about the possible deterrent effect of the International Criminal Court. It argues that previous discussions are incomplete as they fail to take into account the significance specifically for deterrence of differences between prosecuting in bello and ad bellum atrocity crimes. To this end, the paper focuses on the recent activation of the Court’s jurisdiction over the crime of aggression and sees this fact in combination with reports about the behavior of the prime ministers of both the United Kingdom and Denmark leading up to the 2003 invasion of Iraq. Thus, before taking their countries to war, both Tony Blair and Anders Fogh Rasmussen asked their respective legal advisors whether in joining the US-led war they would run the risk, as individuals, of being brought before the ICC. When seen in light of the recent activation of the crime of aggression, the fact that both heads of state felt compelled to ask this particular question at that particular point in time is highly interesting because it both lends support to, points to important lacunae in, and adds nuance to the deterrence-based argument in favor of the ICC.",
author = "Holtermann, {Jakob v. H.}",
year = "2020",
language = "English",
editor = "Florian Je{\ss}berger and Julia Geneuss",
booktitle = "Why Punish Perpetrators of Mass Atrocities?",
publisher = "Cambridge University Press",
address = "United Kingdom",

}

RIS

TY - CHAP

T1 - ”Can I Be Brought Before the ICC?”

T2 - Revisiting deterrence of mass atrocities between Jus in Bello and Jus ad Bellum

AU - Holtermann, Jakob v. H.

PY - 2020

Y1 - 2020

N2 - This article returns to the discussion about the possible deterrent effect of the International Criminal Court. It argues that previous discussions are incomplete as they fail to take into account the significance specifically for deterrence of differences between prosecuting in bello and ad bellum atrocity crimes. To this end, the paper focuses on the recent activation of the Court’s jurisdiction over the crime of aggression and sees this fact in combination with reports about the behavior of the prime ministers of both the United Kingdom and Denmark leading up to the 2003 invasion of Iraq. Thus, before taking their countries to war, both Tony Blair and Anders Fogh Rasmussen asked their respective legal advisors whether in joining the US-led war they would run the risk, as individuals, of being brought before the ICC. When seen in light of the recent activation of the crime of aggression, the fact that both heads of state felt compelled to ask this particular question at that particular point in time is highly interesting because it both lends support to, points to important lacunae in, and adds nuance to the deterrence-based argument in favor of the ICC.

AB - This article returns to the discussion about the possible deterrent effect of the International Criminal Court. It argues that previous discussions are incomplete as they fail to take into account the significance specifically for deterrence of differences between prosecuting in bello and ad bellum atrocity crimes. To this end, the paper focuses on the recent activation of the Court’s jurisdiction over the crime of aggression and sees this fact in combination with reports about the behavior of the prime ministers of both the United Kingdom and Denmark leading up to the 2003 invasion of Iraq. Thus, before taking their countries to war, both Tony Blair and Anders Fogh Rasmussen asked their respective legal advisors whether in joining the US-led war they would run the risk, as individuals, of being brought before the ICC. When seen in light of the recent activation of the crime of aggression, the fact that both heads of state felt compelled to ask this particular question at that particular point in time is highly interesting because it both lends support to, points to important lacunae in, and adds nuance to the deterrence-based argument in favor of the ICC.

UR - https://www.cambridge.org/core/books/why-punish-perpetrators-of-mass-atrocities/A9B94C2EAB248B89E5187D5235856DA0

M3 - Book chapter

BT - Why Punish Perpetrators of Mass Atrocities?

A2 - Jeßberger, Florian

A2 - Geneuss, Julia

PB - Cambridge University Press

ER -

ID: 188644858