Loading...
An Expressive Rationale for the Thematic Prosecution of Sex Crimes
deGuzman, Margaret M.
deGuzman, Margaret M.
Citations
Altmetric:
Genre
Book chapter
Date
2012
Advisor
Committee member
Group
Department
Permanent link to this record
Collections
Research Projects
Organizational Units
Journal Issue
DOI
http://dx.doi.org/10.34944/dspace/6920
Abstract
This essay examines the philosophical justifications for giving priority to sex crime prosecutions at international courts. Despite the increased focus on prosecuting sex crimes in recent years, no effort has been made, either at the tribunals or in the scholarship, to develop such justifications. Those who prosecute and write about sex crimes generally assume that international courts should focus particular attention on such crimes. Commentators sometimes point to the practical and institutional benefits of thematic sex crime prosecutions. Such prosecutions can, for example, increase an institution’s capacity to address sex crimes by developing relevant investigative and prosecutorial expertise and expanding the applicable law. But a prior normative question must be addressed: why should international courts give priority to sex crimes when allocating scarce resources? I argue that the philosophical grounding for thematic sex crime prosecutions must be found in the underlying purposes of international criminal courts. While the moral justifications of international prosecutions are widely disputed, there are four primary contenders: retribution, deterrence, restoration, and expression. In the first part of the essay, I explain why none of the first three theories precludes giving priority to sex crime prosecutions. In fact, each theory supports such prosecutions, at least under some circumstances. I then explain that the strongest justification for giving priority to sex crimes is found in the expressive rationale for international criminal law. In other words, if international criminal law aims to express global norms it should often seek to promote the norms against sex crimes even at the expense of other important norms. The need for such special emphasis lies in the history of under-enforcement of sex crimes in both national and international for a as well as in the discriminatory expression inherent in the crimes themselves.
Description
Citation
Margaret M. deGuzman, An Expressive Rationale for the Thematic Prosecution of Sex Crimes, in Thematic Prosecution of International Sex Crimes 13 (Morten Bergsmo ed., 2d ed., 2018).
Available at: https://www.legal-tools.org/doc/xqxg46/
Available at: https://www.legal-tools.org/doc/xqxg46/
Citation to related work
Torkel Opsahl Academic EPublisher (TOAEP)
Has part
Chapter appears in: Thematic Prosecution of International Sex Crimes 13 (Morten Bergsmo ed., 2d ed., 2018).
ADA compliance
For Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact scholarshare@temple.edu