Zachary Hoskins

International criminal law and philosophy

Introduction Larry May and Zach Hoskins Part I. Sovereignty and Universal Jurisdiction: 1. International crimes and universal jurisdiction Win-chiat Lee 2. State sovereignty as an obstacle to international criminal law Kristen Hessler 3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis Part II. Culture, Groups, and Corporations: 4. Criminalizing culture Helen Stacy 5. Identifying groups in genocide cases Larry May 6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis Part III. Justice and International Criminal Prosecutions: 7. Post war environmental damage: a study in jus post bellum Douglas Lackey 8. On state self-defense and Guantanamo Bay Steve Viner 9. Politicizing human rights (using international law) Anat Biletzki Part IV. Punishment and Reconciliation: 10. The justification of punishment in the international context Deirdre Golash 11. Political reconciliation and international criminal trials Colleen Murphy.

Punishment, Contempt, and the Prospect of Moral Reform

Abstract This paper objects to certain forms of punishments, such as supermax confinement, on grounds that they are inappropriately contemptuous. Building on discussions in Kant and elsewhere, I flesh out what I take to be salient features of contempt, features that make contempt especially troubling as a form of moral regard and treatment. As problematic as contempt may be in the interpersonal context, I contend that it is especially troubling when a person is treated contemptuously by her political communitys institutions—such as by certain forms of punishment. Punishment is contemptuous if it fails to respect offenders as moral persons, who as such are always capable of moral reform. Respect for offenders therefore requires, at least, that punishment not tend to undermine the prospect of offenders’ reform. I flesh out this constraint by considering various ways in which punishments may tend to undermine offenders’ reform. In particular, I discuss ways in which supermax confinement tends to violate the reform-based constraint. Finally, I address several potential objections to my account.

Punishing States and the Spectre of Guilt by Association

Proponents of punishing states often claim that such punishment would not distribute to members of the state, and so it would not subject innocent citizens – those who did not participate in the crimes, or dissented, or even were among the victims – to guilt by association. This essay examines three features of state punishment that might be said not to distribute to citizens: it is burdensome, it is intentionally so, and it expresses social condemnation. Ultimately, I contend that when a state is punished, the burdens do distribute to citizens as intended, condemning burdens – that is, as punishment. Thus the nondistribution of punishment thesis fails as a response to the guilt-by-association objection.

International Criminal Law and Philosophy: Frontmatter

Introduction Larry May and Zach Hoskins Part I. Sovereignty and Universal Jurisdiction: 1. International crimes and universal jurisdiction Win-chiat Lee 2. State sovereignty as an obstacle to international criminal law Kristen Hessler 3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis Part II. Culture, Groups, and Corporations: 4. Criminalizing culture Helen Stacy 5. Identifying groups in genocide cases Larry May 6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis Part III. Justice and International Criminal Prosecutions: 7. Post war environmental damage: a study in jus post bellum Douglas Lackey 8. On state self-defense and Guantanamo Bay Steve Viner 9. Politicizing human rights (using international law) Anat Biletzki Part IV. Punishment and Reconciliation: 10. The justification of punishment in the international context Deirdre Golash 11. Political reconciliation and international criminal trials Colleen Murphy.

International Criminal Law and Philosophy: Contents

Introduction Larry May and Zach Hoskins Part I. Sovereignty and Universal Jurisdiction: 1. International crimes and universal jurisdiction Win-chiat Lee 2. State sovereignty as an obstacle to international criminal law Kristen Hessler 3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis Part II. Culture, Groups, and Corporations: 4. Criminalizing culture Helen Stacy 5. Identifying groups in genocide cases Larry May 6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis Part III. Justice and International Criminal Prosecutions: 7. Post war environmental damage: a study in jus post bellum Douglas Lackey 8. On state self-defense and Guantanamo Bay Steve Viner 9. Politicizing human rights (using international law) Anat Biletzki Part IV. Punishment and Reconciliation: 10. The justification of punishment in the international context Deirdre Golash 11. Political reconciliation and international criminal trials Colleen Murphy.

International Criminal Law and Philosophy: Index

Introduction Larry May and Zach Hoskins Part I. Sovereignty and Universal Jurisdiction: 1. International crimes and universal jurisdiction Win-chiat Lee 2. State sovereignty as an obstacle to international criminal law Kristen Hessler 3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis Part II. Culture, Groups, and Corporations: 4. Criminalizing culture Helen Stacy 5. Identifying groups in genocide cases Larry May 6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis Part III. Justice and International Criminal Prosecutions: 7. Post war environmental damage: a study in jus post bellum Douglas Lackey 8. On state self-defense and Guantanamo Bay Steve Viner 9. Politicizing human rights (using international law) Anat Biletzki Part IV. Punishment and Reconciliation: 10. The justification of punishment in the international context Deirdre Golash 11. Political reconciliation and international criminal trials Colleen Murphy.

International Criminal Law and Philosophy: List of Contributors

Introduction Larry May and Zach Hoskins Part I. Sovereignty and Universal Jurisdiction: 1. International crimes and universal jurisdiction Win-chiat Lee 2. State sovereignty as an obstacle to international criminal law Kristen Hessler 3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis Part II. Culture, Groups, and Corporations: 4. Criminalizing culture Helen Stacy 5. Identifying groups in genocide cases Larry May 6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis Part III. Justice and International Criminal Prosecutions: 7. Post war environmental damage: a study in jus post bellum Douglas Lackey 8. On state self-defense and Guantanamo Bay Steve Viner 9. Politicizing human rights (using international law) Anat Biletzki Part IV. Punishment and Reconciliation: 10. The justification of punishment in the international context Deirdre Golash 11. Political reconciliation and international criminal trials Colleen Murphy.