Advanced

La giustizia penale internazionale: un deterrente per i crimini di Stato? : International Criminal Justice: A Deterrent for Crimes of the State?

Rothe, Dawn L. and Schoultz, Isabel LU (2012) In Studi sulla questione criminale VII. p.43-58
Abstract (Swedish)
Criminology is not just focused on explaining the etiological factors behind crime commission; ultimately the goal is to find and empirically assess policies to control it. A criminology of the State is no different. Over the course of the past two decades, a growing number of scholars of State crime have devoted attention to and research on the issues of controls, yet, there have been relatively few articles that solely focus on the issue of international criminal justice and its ability, or lack thereof, to have a deterrent effect. However, many actors within the field of international criminal justice have heralded the deterrent power of the international criminal justice system and its ability to remove impunity for violations of... (More)
Criminology is not just focused on explaining the etiological factors behind crime commission; ultimately the goal is to find and empirically assess policies to control it. A criminology of the State is no different. Over the course of the past two decades, a growing number of scholars of State crime have devoted attention to and research on the issues of controls, yet, there have been relatively few articles that solely focus on the issue of international criminal justice and its ability, or lack thereof, to have a deterrent effect. However, many actors within the field of international criminal justice have heralded the deterrent power of the international criminal justice system and its ability to remove impunity for violations of international criminal law. Likewise, many practitioners and scholars routinely assume a probability at best, to an assumption of sureness, of a powerful deterrent effect for those in high ranking positions, including heads of State, that violate international criminal law. This article examines the potential deterrent effect of international criminal justice, as it pertains to State crime, which is grounded in criminological insights. To do so, we present an overview of the common assumptions of and criminological thinking in deterrence models. This is followed by highlighting those factors most strongly associated with a deterrent effect with State criminality and  international criminal justice. The article concludes with a critical examination of the potential of deterrence and how it fails to generate the effects for heads of State and other high ranking officials which so many international public actors, including the international criminal justice system, claims. (Less)
Please use this url to cite or link to this publication:
author
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
in
Studi sulla questione criminale
volume
VII
pages
43 - 58
publisher
Nuova serie. Dei delitti e delle pene
DOI
10.7383/73276
language
Italian
LU publication?
no
id
06fc222c-d846-43bb-9737-37ec42d14baa
alternative location
http://www.carocci.it/index.php?option=com_carocci&task=schedafascicolo&id_fascicolo=569&Itemid=257&pannello=articoli
http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-92372
date added to LUP
2016-08-18 14:10:00
date last changed
2016-08-24 12:29:32
@inbook{06fc222c-d846-43bb-9737-37ec42d14baa,
  abstract     = {Criminology is not just focused on explaining the etiological factors behind crime commission; ultimately the goal is to find and empirically assess policies to control it. A criminology of the State is no different. Over the course of the past two decades, a growing number of scholars of State crime have devoted attention to and research on the issues of controls, yet, there have been relatively few articles that solely focus on the issue of international criminal justice and its ability, or lack thereof, to have a deterrent effect. However, many actors within the field of international criminal justice have heralded the deterrent power of the international criminal justice system and its ability to remove impunity for violations of international criminal law. Likewise, many practitioners and scholars routinely assume a probability at best, to an assumption of sureness, of a powerful deterrent effect for those in high ranking positions, including heads of State, that violate international criminal law. This article examines the potential deterrent effect of international criminal justice, as it pertains to State crime, which is grounded in criminological insights. To do so, we present an overview of the common assumptions of and criminological thinking in deterrence models. This is followed by highlighting those factors most strongly associated with a deterrent effect with State criminality and  international criminal justice. The article concludes with a critical examination of the potential of deterrence and how it fails to generate the effects for heads of State and other high ranking officials which so many international public actors, including the international criminal justice system, claims.},
  author       = {Rothe, Dawn L. and Schoultz, Isabel},
  language     = {ita},
  pages        = {43--58},
  publisher    = {Nuova serie. Dei delitti e delle pene},
  series       = {Studi sulla questione criminale},
  title        = {La giustizia penale internazionale: un deterrente per i crimini di Stato? :  International Criminal Justice: A Deterrent for Crimes of the State?},
  url          = {http://dx.doi.org/10.7383/73276},
  volume       = {VII},
  year         = {2012},
}