Is there a duty to prosecute grave international crimes? Many have thought so, even if they recognize the obligation to be defeasible. However, the theoretical literature frequently leaves the grounds for such a duty inadequately specified, or unsystematically amalgamated, leaving it unclear which considerations should drive and shape processes of criminal accountability. Further, the circumstance leaves calls to end impunity vulnerable to skeptical worries concerning the risks and costs of punishing perpetrators. I argue that a qualified duty to prosecute can (...) be substantiated on the basis of a single class of reasons, though also that standard justifications of international criminal law (as currently conceived) are not up to the task. The account exploits the expressive dimension of punishment, but locates the central good of criminal accountability in its capacity to appropriately enable an agential stance on the part of subjects in transitional circumstances. It can legitimate, in a way to be specified, hope. The approach also displays the cynicism of an anti‐impunity ethos in the absence of a robust commitment to securing basic human rights in transitional circumstances. (shrink)

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes punitive disavowal (...) but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)

I argue that political forgiveness is sometimes, but not always, compatible with public commemoration of politically motivated wrongdoing. I start by endorsing the claim that commemorating serious past wrongdoing has moral value and imposes moral demands on key actors within post-conflict societies. I am concerned with active commemoration, that is, the deliberate acts of bringing victims and the wrong done to them to public attention. The main issue is whether political forgiveness requires forgetting and conversely whether remembrance can be an (...) impediment to political forgiveness. The notion of political forgiveness, its definition, very possibility and desirability are contentious issues in the contemporary literature. I develop a multidimensional account of political forgiveness with a core element. The core element of political forgiveness involves taking a non-adversarial stance towards perpetrators in the sense of committing to stop holding their wrongdoing against them. The core element of forgiveness is usually combined with other attitudes and practices, which are appropriate depending on the circumstances. This is due to the fact that there are different ways of holding a wrong against an offender. I argue that forgiving perpetrators is not compatible with continue to punishing them, refusing to reconcile with them, and/or reminding them of their misdeed if perpetrators refuse to accept punishment, deny the importance of commemorating the past or wish to reconcile against the victim’s desires. I show that some forms of political forgiveness are not morally legitimate because they conflict with moral demands to punish perpetrators, commemorate atrocities and respect victims. This conclusion is less alarming than it might initially seem because the refusal to forgive politically motivated wrongdoing does not necessarily lead to the perpetuation of violence and conflict. I briefly draw on the example of Argentina in order to show how some forms of political un-forgiveness can be morally legitimate and effective ways for victims to uphold these demands. (shrink)