I feel like you’re implying that this is a bad thing to rigorously prove whether a crime has occurred?
I feel like you’re implying that this is a bad thing to rigorously prove whether a crime has occurred?
On a purely emotional level, I would want to punish a war criminal more severely than a common murderer.
Think of how the American prison scandals of Guantanamo and Abu Ghraib affected the global perception of American justice. It was just a massive loss of international goodwill and credibility accumulated over a century. All the torture and kidnappings delivered very little practical return in the end.
Ultimately, I want less people to be murdered, incarcerated, or otherwise undergoing human suffering.
We should inflict the least amount of suffering for the purpose of preventing moral harms. Our goal should be to prevent someone like the commandant of Auschwitz from existing, or failing that, address the reasons why it came about.