起诉危害人类罪:互补性、受害者权利和国内法院

IF 0.7 Q2 LAW Criminal Law and Philosophy Pub Date : 2022-11-09 DOI:10.1007/s11572-022-09648-2
Ruairi Maguire
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引用次数: 0

摘要

在本文中,我认为,当国家犯下、协助或有罪责地未能防止针对本国人民的危害人类罪行时,它们随后应该在起诉这些罪行方面拥有首要地位。他们有假定的权利(和义务)惩罚犯罪者,因此要求第三方不要这样做。与那些强调国家主权重要性的人相反,我为这一主张提出了一个以受害者为中心的理由。我认为,危害人类罪的受害者和成为这些罪行目标的团体的成员,特别希望他们作为其政治团体成员的地位得到重申。国家对他们犯下的与战争有关的罪行的惩罚具有表达功能,即再次肯定他们作为其民族社会平等成员的地位,以及国家对保护他们权利的承诺。我列出了一些理由,认为这对受害者和目标群体的成员是有价值的。我认为,这些利益的重要性足以让国家在起诉中占据主导地位。
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Prosecuting Crimes Against Humanity: Complementarity, Victims’ Rights and Domestic Courts

In this paper I argue that when states commit, assist, or culpably fail to prevent crimes against humanity against their own people, they should, subsequently, have primacy in prosecuting those crimes. They have a presumptive right (and duty) to punish perpetrators, and so a claim against third parties not to do so. In contrast to those who emphasise the importance of national sovereignty, I set out a victim-centred justification for this claim. I argue that victims of crimes against humanity, and members of groups that have been targeted for these crimes, have a special interest in having their status as members of their political community re-affirmed. Punishment by their state of war-related crimes against them has the expressive function of re-affirming their status as equal members of their national community, and the state’s commitment to protecting their rights. I set out some reasons to think that this is valuable for victims and members of targeted groups. These interests, I argue, are weighty enough to ground the primacy of states in prosecution.

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来源期刊
CiteScore
1.10
自引率
0.00%
发文量
24
期刊介绍: Rationale The philosophy of crime and criminal law has been undergoing a renaissance.Increasing numbers of lawyers and philosophers are researching, writing and teaching in the area. Lawyers who are exploring theoretical issues related to criminal liability and punishment find that they must turn to philosophy. Philosophers recognise the importance of the criminal law as a focus for both analytical and normative inquiry. The practical importance of the subject is also obvious, especially at a time when western governments are having to reconsider their rationales for criminalization and sentencing in the light of substantial changes in criminal justice systems and their social contexts. Until recently, there was no journal solely devoted to the philosophy of crime and criminal law. Criminal Law and Philosophy fills this gap, and provides a platform for the high quality work that is being done in this area. High quality content; specific and inclusive in scope Criminal Law and Philosophy aims to publish high quality articles that take a philosophical perspective on any issues in the broad field of crime and punishment. The main areas and topics include: crime and criminalization; the content, principles and structure of substantive criminal law; criminal justice and the criminal process; punishment and sentencing. The journal is inclusive in its scope: it publishes articles with a historical focus on earlier philosophical discussions of crime and punishment, as well as articles with a more contemporary focus. It seeks contributions from a range of philosophical schools and approaches, in particular both from analytically oriented philosophers and from those who draw more on contemporary continental philoshophy. Readership Criminal Law and Philosophy is becoming essential reading for academics in philoso phy, in law and in criminology who take a philosophically informed critical, analytical or normative approach to the criminal law and criminal justice. It is also an important resource for students in those subjects, and for practitioners with an interest in philosophical approaches to their practice. Through this journal, readers can access the latest thinking by the best scholars in the philosophy of crime and punishment. Editorial Board The editors, editorial board and advisors constitute an impressive, international group of leading scholars working in the philosophy of crime and punishment. They represent a variety of systems of criminal law, including systems that cross national boundaries.
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