Prosecuting elderly genocidaires Why we should not reward the evasion of criminal Justice
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Keywords
genocidaires, restorative justice, deterrence, retribution, Holocaust, Cambodian Genocide
Abstract
In recent years, individuals in their 80s and 90s have been put before courts for their role in the Holocaust. Some now argue such legal proceedings are a waste of time, as the punishment available cannot match the crimes of genocide that are alleged, that the accused are too old to imprison. This paper explores the role of the trials of elderly genocidaires in contemporary society and whether it is just to punish these perpetrators. This paper examines the traditional theoretical framework applied to criminal punishment (protection, rehabilitation, deterrence and retribution), and whether or not these pillars remain relevant. The more modern theories of restorative justice and catharsis and the role of victims are then considered. This paper argues that these trials should continue to occur due to the important role they play in general deterrence of war crimes, punitive theories of retribution and the restorative benefit they have for survivors and their families.
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