The Right to Punish

Political Authority and International Criminal Justice

Luise Müller (Freie Universität Berlin)

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Hardback

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English

Cambridge University Press
23 May 2024

Social & political philosophy; International institutions; Public international law; International organisations & institutions; Criminal justice law

Series: Studies on International Courts and Tribunals

What gives international courts the authority to punish individuals for international crimes? Through the lens of political philosophy, Luise Müller provides an original perspective on the justification of the authority of international criminal courts and tribunals. She argues that institutions of international criminal justice are permitted to pierce the sovereignty of states in order to punish high-profile politicians for genocide, crimes against humanity, war crimes, and other mass human rights violations. Their right to punish is justified by virtue of their function to deter mass violations of fundamental human rights. However, to legitimately exercise that right, international criminal justice institutions must fulfil two conditions: first, they must conduct criminal trials with the highest level of fairness; second, they must treat those who are subject to their authority as equals. This last condition can be satisfied by international criminal justice institutions by including procedures of democratic decision-making and democratic accountability.

By: Luise Müller (Freie Universität Berlin)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 158mm, Spine: 16mm
Weight: 430g
ISBN: 9781009378130
ISBN 10: 1009378139
Series: Studies on International Courts and Tribunals
Pages: 198
Publication Date: 23 May 2024
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Luise Müller is a postdoctoral research associate at Freie Universität Berlin. Before joining the Institute of Philosophy at Freie Universität, she held research and teaching positions at the Humboldt University of Berlin, the University of Hamburg, and the Technical University Dresden and was a visiting scholar at King's College London and Columbia University.