Ius Puniendi and Individual Criminal Responsibility in International Criminal Law

in: Mulgrew/Abels, Research Handbook on the International Penal System, 57-79, 2016

13 Pages Posted: 30 Jun 2016

See all articles by Kai Ambos

Kai Ambos

University of Goettingen (Gottingen)

Date Written: 2016

Abstract

This chapter treats two fairly distinct, but at the same time related, topics since individual criminal responsibility is predicated on the recognition of a ius puniendi. The imposition of punishment is, in turn, predicated upon the determination of criminal responsibility. Thus, ius puniendi, responsibility and punishment are all interrelated elements of the (international) criminal justice process. The former element is a necessary, but not sufficient condition of the latter one, e.g., the ius puniendi is a necessary condition of responsibility and this, in turn, is a necessary condition of punishment. From a prosecution perspective, if everything goes according to plan the accused will be punished and the sentence enforced because his or her responsibility for the acts charged has been demonstrated beyond reasonable doubt.

Suggested Citation

Ambos, Kai, Ius Puniendi and Individual Criminal Responsibility in International Criminal Law (2016). in: Mulgrew/Abels, Research Handbook on the International Penal System, 57-79, 2016. Available at SSRN: https://ssrn.com/abstract=2801016 or http://dx.doi.org/10.2139/ssrn.2801016

Kai Ambos (Contact Author)

University of Goettingen (Gottingen) ( email )

Platz der Göttinger Sieben 5
Göttingen, 37073
Germany

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