
Contents
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I. Introduction I. Introduction
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II. Impunity in Text and Discourse II. Impunity in Text and Discourse
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A. Enabling Instruments A. Enabling Instruments
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B. A Sampling of Press Releases and Public Statements B. A Sampling of Press Releases and Public Statements
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C. Punishment, Peace, and Transition C. Punishment, Peace, and Transition
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III. Impunity and Selectivity III. Impunity and Selectivity
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IV. Reimaging Punishment IV. Reimaging Punishment
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V. Conclusion V. Conclusion
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10 Impunities
Get accessMark A. Drumbl is Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington and Lee University.
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Published:07 May 2020
Cite
Abstract
This chapter addresses the concept of impunity, commonly envisioned as freedom from punishment (poena). It does so because ‘fighting impunity’ drives the establishment of international courts and tribunals. This chapter offers a discourse analysis of press releases of two international criminal tribunals to gauge their understanding of poena. This chapter argues that this understanding, which maps onto international justice efforts generally, is narrow to the point that ‘fighting impunity’ reduces to a carceral monologue. Instead, this chapter argues in favor of a broader vision of poena such that ‘fighting impunity’ would invoke a broader array of tools such as reparations, shame, sanction, memory, and recrimination. In the end, then, it is preferable to speak of ‘impunities’ than ‘impunity’
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