Duty to Prosecute
- Kenneth A. Rodman
- … show all 1 hide
The “duty to prosecute” refers to the claim by proponents of international criminal justice that the international community has a moral and legal obligation to investigate and punish the most serious abuses of human rights in the aftermath of war or repressive rule. Conversely, it challenges the legitimacy of amnesties and non-retributive forms of transitional justice for perpetrators of such crimes. The duty has its origins in (a) international treaties that have codified a universal recognition of core crimes for which prosecution is mandated, and (b) the international human rights law which creates for victims a nonnegotiable right of redress for the wrongs done to them. The argument has been challenged primarily on consequentialist grounds – that is, that strictly demanding prosecution might prolong a war, dissuade a dictator from stepping down, or generate a violent backlash against transitions to democracy or peace.
The phrase “duty to prosecute” was originally used by the legal
- Allen T (2006) Trial justice: the international criminal court and the Lord’s resistance army. Zed Books, London
- Branch A (2007) Uganda’s civil war and the politics of ICC intervention. Ethics Int Aff 21:179–198
- Nino C (1990) Duty to punish past abuses of human rights put into context. Yale Law Rev 100:2619–2640
- Nino C (1998) Radical evil on trial. Yale University Press, New Haven
- Orentlicher D (1990) Settling accounts: the duty to prosecute human rights violations of a prior regime. Yale Law Rev 100:2538–2618
- Orentlicher D (2007) Settling accounts revisited: reconciling global norms with local agency. Int J Transitional Justice 1(1):115–137
- Roht-Arriaza N (2005) The Pinochet effect: transitional justice in the age of human rights. University of Pennsylvania Press, Pennsylvania
- Duty to Prosecute
- Reference Work Title
- Encyclopedia of Global Justice
- pp 284-287
- Print ISBN
- Online ISBN
- Springer Netherlands
- Copyright Holder
- Springer Science+Business Media B.V.
- Additional Links
- eBook Packages
To view the rest of this content please follow the download PDF link above.