In the early years of international criminal justice, Mark Drumbl and Rob Sloane argued, very eloquently, that retribution was not a viable basis for punishment in international criminal law.
Sasha takes issue with their approach, drawing heavily on a rich literature in the theory of criminal law. His article is brilliantly written, profound in scope, and has important real world implications.
At the same time, it will certainly not convince everyone. For that reason, I have cajoled Mark Drumbl, Adil Haque, Rob Sloane and Meg deGuzman to write blogs criticizing Greenawalt’s great piece. Of course, I’ll also invite Greenawalt to reply.
In terms of timing, I’ll post Drumbl and Haque’s responses in the coming days, then ask Greenawalt to respond to them later this week.
Rob Sloane and Meg deGuzman have agreed to reopen the debate in late December this year, so the discussion will take place in two split tranches. We’ll then give Greenawalt the final word.
So, welcome to all my friends and colleagues! It’s a real privilege to have you launching what I hope will become a central platform for these sorts of scholarly debates.