Punishment as a Political Obligation: Crimes Against Humanity and the Enforceable Right to Membership

2002 ◽  
Vol 5 (2) ◽  
pp. 551-589 ◽  
Author(s):  
James Bohman
2001 ◽  
Vol 18 (1) ◽  
pp. 70-92 ◽  
Author(s):  
Mark C. Murphy

2017 ◽  
Author(s):  
Marina Lostal ◽  
Emilie Hunter

1970 ◽  
Vol 1 ◽  
Author(s):  
Justin Mohammed

The road to developing an international institutional capacity to prosecute crimes against humanity, war crimes, and genocide has been a long one, and has in many ways concluded with the establishment of the International Criminal Court (ICC). By looking at the Nuremberg and Tokyo Tribunals, the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for the Former Yugoslavia (ICTY), as well as the ICC, this paper traces the evolution of the concept of individual criminal responsibility to its present incarnation. It argues that while the ICC presents its own unique ‘added value’ to the prosecution of international criminals, its application of justice continues to be biased by the influence of powerful states.


Author(s):  
Luis Cabrera

While there have been numerous recent analyses of the legitimacy of suprastate governance institutions such as the World Trade Organization (WTO) or United Nations Security Council, few accounts have considered individual duties in relation to those institutions, broadly analogous to suprastate political obligation. Identified in this chapter are three categories of duties that should be salient to a range of institutions. These include duties to support their reform, to resist specific institutional features or practices, and to reject the continued operation of some institutions and support the creation of alternate ones. These duties would correspond roughly to how well an institution would appear to fit into a global institutional scheme that actually would fulfill cosmopolitan aims for rights promotion and protections and related global moral goods. An implication is that the current global system itself is a candidate for rejection, given its inherent tendencies toward the gross underfulfillment of individual rights.


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