Remedial Expression

The chapter argues that international criminal justice is more a project of accountability rather than a narrow punitive undertaking. The value of international criminal justice lies not necessarily in the severity of punishment or the infliction of ‘just deserts’ but rather in the publicity of the process, the condemnation of crimes, and the establishment of accountability towards a broader community. Expressive punishment is grounded in retributive-expressive justifications, preventive considerations, and restorative rationales, such as messages about equality of victims and offenders. This approach is able to accommodate a more holistic conception of punishment, including alternative sentences or modes of enforcement. Reparations have an important complementary function to punishment. Like punishment itself, they are an imperfect means to acknowledge responsibility, recognize victimhood, or remedy harm caused through crimes. Rather, they help to restore trust about civility and inspire commitment to a social contract among citizens, aimed at preventing future crimes.