Warum Strafen? Zum Sinn der Bestrafung von Völkerrechtsverbrechen

Abstract

The „fight against impunity“ is a catchphrase in international criminal justice which is often used without reflection. It bears synergies with a marketing slogan, which silences the more fundamental problems relating to the purpose of punishment. The existing penal practices of international and hybrid courts show limited creativity. This article advocates a differentiated and holistic understanding of punishment. It argues in favor of a communicative and relational understanding of punishment, which can gain important impulses from new approaches in peace processes. It demonstrates possibilities and weaknesses, based on three examples: guilty pleas, the duality of the roles of perpetrator and victim, and procedures for establishing the truth. It pleads for a development of the law on the enforcement and modalities of sentences in international criminal justice.