”Can I Be Brought Before the ICC?”: Deterrence of mass atrocities between Jus in Bello and Jus ad Bellum

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This article returns to the discussion about the possible deterrent effect of the International Criminal Court. It argues that previous discussions are incomplete as they fail to take into account the significance specifically for deterrence of differences between prosecuting in bello and ad bellum atrocity crimes. To this end, the paper focuses on the recent activation of the Court’s jurisdiction over the crime of aggression and sees this fact in combination with reports about the behavior of the prime ministers of both the United Kingdom and Denmark leading up to the 2003 invasion of Iraq. Thus, before taking their countries to war, both Tony Blair and Anders Fogh Rasmussen asked their respective legal advisors whether in joining the US-led war they would run the risk, as individuals, of being brought before the ICC. When seen in light of the recent activation of the crime of aggression, the fact that both heads of state felt compelled to ask this particular question at that particular point in time is highly interesting because it both lends support to, points to important lacunae in, and adds nuance to the deterrence-based argument in favor of the ICC.
Translated title of the contribution"Kan jeg blive stillet for ICC?": Gensyn med afskrækkelse af masseforbrydelser mellem Jus in Bello og Jus ad Bellum
Original languageEnglish
Title of host publicationWhy Punish Perpetrators of Mass Atrocities? : Theoretical and Practical Perspectives on Punishment in International Criminal Law
EditorsFlorian Jeßberger, Julia Geneuss
Number of pages24
PublisherCambridge University Press
Publication date2020
ISBN (Print)9781108475143
ISBN (Electronic)9781108566360
Publication statusPublished - 2020

ID: 188644858