Mercy and International Criminal Justice
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The idea of being merciful to those convicted by the International Criminal Court (ICC) is uncomfortable. International criminal law (ICL) aims to address the most serious forms of harms inflicted by people on others, holding those responsible accountable through punishment. Given this, being merciful to perpetrators — treating them with kindness, compassion and leniency, particularly in punishment — seems inappropriate. The acceptability of mercy in the domestic context suggests it is worthwhile to think harder about whether there are possible justifications for mercy for perpetrators of international crimes. This article suggests that mercy has a role in ensuring perpetrators are treated as fellow human beings and in properly accounting for their individual circumstances. While the question of what role there should be for mercy in ICL is worth asking for its own sake, it also helps clarify the ways in which ICL differs from its domestic counterpart in its processes, purposes and rationale.
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Journal of International Criminal Justice
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© The Author(s) (2025). Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs licence (https://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact reprints@oup.com for reprints and translation rights for reprints. All other permissions can be obtained through our RightsLink service via the Permissions link on the article page on our site—for further information please contact journals.permissions@oup.com.
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International and comparative law
Law in context
Public law
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McKenzie, S, Mercy and International Criminal Justice, Journal of International Criminal Justice, 2025