International sentencing in the context of collective violence

Abstract

This article evaluates some of the theoretical and practical arguments which suggest that the potential for international trial justice to make a significant contribution towards reconciliation and peace following mass atrocity is limited. Conversely, it argues that it is possible to move beyond the current narrow conceptualisation of penality in international trials by re-thinking the ideological framework for punishment and sentencing and giving trial outcomes a greater sense of moral purpose and legitimacy in the eyes of victims and those communities seeking justice. The article argues why this is necessary and achievable through the adoption of more constructive strategies and interventions in international trial process