tag:blogger.com,1999:blog-6279241844677447368.post8510551884962926011..comments2024-01-23T18:04:35.144+01:00Comments on Spreading The Jam (moved to www.dovjacobs.com): Krstic gets attacked in a British Prison: new wounds show that old ones still open...Dov Jacobshttp://www.blogger.com/profile/14088064995374954241noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6279241844677447368.post-62453787919059105282010-05-11T11:31:30.233+02:002010-05-11T11:31:30.233+02:00Thank you once again for your comment Guido. I tak...Thank you once again for your comment Guido. I take your point about the difficulties of criminal law in general, but that is not quite what i'm saying. When I mention the two logics, I don't mention them within one legal order, but between two legal orders, the international one and the national one. We have tried to create an international criminal law without an international social contract, putting, so to speak, the cart before the ox... I do hope we get to meet some time to discuss these topics!Dov Jacobshttps://www.blogger.com/profile/14088064995374954241noreply@blogger.comtag:blogger.com,1999:blog-6279241844677447368.post-74422307559190398982010-05-11T08:56:15.856+02:002010-05-11T08:56:15.856+02:00I do not fully agree with this philosophical appro...I do not fully agree with this philosophical approach - everything you hint at already happens in domestic systems: no long-term consistency, conflicts of jurisdictions, no tangible improvement of social relations between, say, rival gangs inside or outside prisons...<br />Of course, the Srebrenica example you mention could be looked at from the opposite angle: what would have happened to perception of the massacre without the ICTY? That would also be a legitimate question...<br />What you are getting at, I think, is the problem of the foundations of criminal law in general, not of international criminal law specifically. The clashing logics you mention are, mutatis mutandis, the same that inform domestic debate on ordinary criminal law since the 1960s: why do we define certain conduct as criminal? At what level should these crimes be punished? What are the purposes of criminal punishment? Should one jurisdiction prevail over another one when the crime is cross-border?Guidonoreply@blogger.com