ABSTRACT
This chapter questions whether the International Criminal Court can contribute to the mandate of the responsibility to protect by protecting populations from international crimes. The Court aims to prevent international crimes by prosecuting those responsible, and thus deterring similar future crimes. This chapter examines the main findings of existing studies on the deterrent function of the Court, and international criminal justice in general. It presents various theories of deterrence and explores how the organs of the Court have considered deterrence in their practice. The analysis reveals that international justice has specific features that affect the deterrent power of criminal prosecutions and punishments. In the practice of the Court, deterrence has influenced decisions on sentencing but, so far, has not seemed to impact the prosecutorial strategy. The prosecutor is correctly cautious about selecting cases with the aim of optimising the deterrent effect. An extensive interpretation of the concept of deterrence suggests that, to prevent and stop international crimes, the Court must be perceived as legitimate and effective.
