Jakob v. H. Holtermann (University of Copenhagen - iCourts - Centre of Excellence for International Courts) has posted In defense of a metaphor: Reply to Shai Dothan’s critique of applying the Swiss cheese model on deterrence and the International Criminal Court on SSRN. Here is the abstract:
Shai Dothan rejects my submission that the Swiss cheese model of accident prevention provides a useful framework for a convincing deterrence-based defense of the ICC. I believe that Dothan’s critique is mistaken. Proceeding via a restatement and an expansion of my original argument this paper explains why. First, I outline the original idea of coupling a deterrence-based argument for the ICC to the Swiss cheese model. Second, I outline the core of Dothan’s critique. Third, I elaborate on the Swiss cheese model as it was originally developed in the context of risk analysis and accident prevention. Fourth, I demonstrate the usefulness of this model also in the context of traditional domestic crime prevention. Fifth, I connect these points back to the context of international criminal justice. Finally, I conclude by returning to Dothan’s critique using the previous findings to reject his argument.
