Research Handbook on the Punishment of Atrocity Crimes

Edited by Róisín Mulgrew, Lecturer in Criminology and Criminal Justice, School of Law and Irish Centre for Human Rights, University of Galway, Ireland and Mikkel Jarle Christensen, Professor in Law, University of Copenhagen, Denmark

• Contents:Introduction: researching the punishment of atrocity crimes 1 Róisín Mulgrew and Mikkel Jarle Christensen PART I PRINCIPLES, PENALTIES AND PUNITIVE REACH 1 International punishment, expression, and atrocity prevention 13 Geoff Dancy 2 Life imprisonment and international criminal law 35 Dirk van Zyl Smit 3 Impunity and atrocity punishment after mass violence and conflict: questioning the admissibility of leniency measures in (post)transition contexts 59 Marion Vironda Dubray 4 Punishment as experienced by persons tried for international crimes by national courts 85 Damien Scalia and Marie-Sophie Devresse PART II SENTENCING 5 Theories of punishment and the sentencing practice of the International Criminal Court: between lip service and guiding principles 104 Aziz Epik 6 Sentencing at the ICC: is it time for sentencing guidelines? 120 Roger S Clark and Beti Hohler 7 ‘Internationalised’ rehabilitation: a general principle emerging from the practice of international criminal courts and tribunals 143 Alice Riccardi 8 A contested platform?: victims’ voices in international sentencing 162 Oriola Oyewole 9 Punishing atrocity crimes in Bosnia and Herzegovina: an analysis of sentencing jurisprudence 189 Jasenka Ferizovic �10 Theory and practice of sentencing in German international criminal law 218Julia GeneussPART III SENTENCE ENFORCEMENT AND POST-RELEASE 11 The International Criminal Court’s evolving practice of enforcing international sentences: breaking new ground or staying the course? 241Filip Vojta12 Punishing atrocity crimes in Chile: history, legislation and practice 262Daniela Mardones-Bravo13 Acquitted, released, and homeless: the crisis of stateless former defendants 283Kate Gibson and Bonnie Johnston14 The ‘post-release’ phase of atrocity crime cases in the Netherlands 304Maarten Bolhuis and Joris van WijkPART IV PUNISHING TERRORISM, TRADITIONAL JUSTICE AND COURTS MARTIAL 15 Securitisation of punishment for atrocity crimes and terrorism in Bosnia and Herzegovina 327Mirza Buljubasic �and Nejra Veljan16 Punishment in French terrorism prosecutions: the impact of the trial’s protagonists 346Sharon Weill17 Restorative approaches to atrocity crimes? Insights from Liberia 366Olympia Bekou and Emma Sheffield18 Military justice and the punishment of atrocity crimes in Afghanistan and Iraq 387Nigel D WhiteIndex 407

‘This text is a Handbook in the truest sense of the word, a tool not only for specialists in international criminal law, but a referential textbook for any scholar or advocate with an interest in transitional justice, sentencing reform, and atrocity prevention.’