Realizing Reparative Justice for International Crimes

A Fifth core crime: Crime of ecocide as a new puzzle of the international criminal law

“…XXI): "(…) the judges are not the avengers of the human race in general, they are the defenders of particular conventions which bind a certain number of men together. A crime must only be punished in the country where it was committed, because men are forced to repair, by means of the example of punishment, the fatal effects that the example of the crime has produced (…)" (Cohen, 2020).…”

Thoughts, analysis perspectives and critics of function of punishment in international criminal law

“…Functional retribution with psychosocial purposes as we see from the jurisprudence of the ad hoc tribunals where retribution is placed as a relief between "primordial" functions of the sentence, (Yee, 1997;Joyce, 2004;Cronin-Furman, 2013;Jarvis, 2017;Liakopoulos, 2019c) 18 and as a measure to graduate the sentence, i.e. the response to adequate reparation for the suffering of the victims (Cohen, 2020) 19 . Primordial punishment which in the Celebiči case includes not only the primordial but also the retributive character of the penalty where the prejudice of re-establishment and maintenance of peace concerns violence 20 .…”

“…ICTY, Prosecutor v. Furundžija, Case No. 21 "(…) the idea of retribution as an existential necessity, useful to create a belief in a justice on earth and thus to cement the state and its grip on citizens (…) the wounds and repairing the damage caused by the previous regime, the retributive penalty is recognized (Cohen, 2020). It is a type of social "cleansing" where through symbolic protocols the definitive estrangement is removed from the high levels of state management which must no longer return to retaliation as a consequence of a process traced to the absolute theory conveyed to the dimension of a special prevention which addressed to the victim.…”

“…The individual function in the exact and complete way of individual responsibility seen as the opening of a forum for victims who can be recognized for their tragic experience, i.e. as a voice that receives reparation that bears responsibility for the international community (Cohen, 2020). These are functions intersected and revisited teleologically unified by objectives of pacification and the civil reconstruction of societies.…”

“…An answer to the exception is restorative justice of an analogical but not reciprocist nature (Cohen, 2020;Gil Gandìa, 2020). It is a symbolic response of a repressive type where justice is done to whoever is found involved either as a victim or as a criminal in extra-ordinary situations in their complexity through criminal proceedings and convictions.…”