International Justice and the International Criminal Court at a Critical Juncture

Abstract

This chapter focuses on two areas in the field of international criminal justice—loosely defined as the international criminal tribunals that prosecute core atrocity crimes (genocide, crimes against humanity, and war crimes). The chapter examines the work of the International Criminal Court (ICC) and the recent creation of three mechanisms created to compile evidence of atrocity crimes committed in Syria, Iraq, and Myanmar. As to the ICC, the chapter examines the particular challenges presented by prosecuting state actors. As to the mechanisms, the chapter considers whether the creation of such mechanisms, which have no capacity to conduct prosecutions, represents a retreat for the field of international justice. Such a pessimistic conclusion, however, may be premature, because, as to each, there are possibilities for ensuring accountability, although the most direct routes appear blocked. The challenge will be to ensure eventual accountability includes state actors, and that, as to trials that do occur (for all perpetrators), they are conducted pursuant to internationally recognized fair trial standards and do not result in implementation of the death penalty.