Atrocity, Punishment, and International Law
By (author) Mark A. Drumbl
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Atrocity, Punishment, and International Law by Mark A. Drumbl
Book DescriptionThis book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.
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Book DetailsISBN: 9780521691383
(228mm x 152mm x 17mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 30-Apr-2007
Country of Publication: United Kingdom
Books By Author Mark A. Drumbl
Reimagining Child Soldiers in International Law and Policy, Hardback (January 2012)
Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.
Atrocity, Punishment, and International Law, Hardback (June 2007)» View all books by Mark A. Drumbl
This book examines the sentencing differences for atrocities such as genocide in an international setting.
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Author Biography - Mark A. Drumbl
Mark A. Drumbl is Professor of Law at the School of Law, Washington & Lee University, where he also serves as Director of the Transnational Law Institute, and has repeatedly held the Ethan Allen Faculty Fellowship. He studied at McGill University (BA, MA), Institut d'etudes politiques, University of Toronto (LL.B.), and Columbia University (LL.M., J.S.D.) and has held visiting appointments at University College, University of Oxford, Trinity College Dublin, Vanderbilt University, and the University of Ottawa. In 2005 his academic work received the Association of American Law Schools Scholarly Papers Prize and in 2003 the International Association of Penal Law (US Section) Best Article Prize. Dr Drumbl has published extensively on international law and criminal justice, including in the NYU, Michigan, and North-western law reviews, Human Rights Quarterly, the American Journal of International Law, and the Columbia Journal of Transnational Law. He has also authored chapters in edited volumes and frequently speaks at academic conferences and symposia. Prior to entering law teaching, Dr. Drumbl was judicial clerk to Justice Frank Iacobucci of the Supreme Court of Canada. His practice experience includes an appointment as co-counsel for the Canadian Chief-of-Defense Staff before the Royal Commission investigating military wrongdoing in the UN Somalia Mission. Professor Drumbl has served as an expert in litigation in the US federal courts, as defense counsel in the Rwandan genocide trials, and has taught international law in Pakistan and Brazil. He is a frequent commentator in national print media, radio, and television.
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