Restraint over Revenge: Emotional Bias, Reformative Punishment and Plato?s Contribution to Modern International Criminal Law

BUIS, EMILIANO JERÓNIMO

Philosophical Foundations of International Criminal Law: Correlating Thinkers,

Torkel Opsahl Academic EPublisher

Lugar: Bruselas; Año: 2018; p. 27 - 56

It is said that, despite possible, isolated examples that could be related to post bellum regulations, international criminal law (as we know it today) was unknown in the times of Classical Greece and Rome. This does not imply that no connection can be suggested between ancient Greek thought and the foundations of international justice. In this chapter, I will address this possible connection by drawing attention to the specific discussion ofemotion, revenge, humanitarian benevolence and punishment, since I believe that some classical Greek philosophical discussions can shed light on some of the current debates surrounding the work of international tribunals.In particular, I will first deal with the concept of ?emotion? and its importance in reflections in international legal discourse. Against this interpretative framework, I will then focus on Plato?s doctrines, which can provide interesting insights into key problems related to both the consolidation of modern international criminal law and hindrances thereto.