The international criminal courts and tribunals, especially the icc, have been strongly criticized for their susceptibility to political influence. Some have argued that the icc has a distinctly Western bias and is participating in a new kind of imperialism in Africa. Others argue that history and the complicity of the West should disqualify the international community from demanding the prosecution of individuals participating in conflicts resulting directly from colonialism. Many have focused on the nature of the creation of the judicial bodies and the inherent political nature of judicial decisions regarding whom to prosecute. In this article, I offer a normative defense of the icc, in which I acknowledge the icc’s structural protections against impermissible political influence, along with the vulnerabilities of the Chief Prosecutor to claims of distributive and substantive injustice.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 879 | 170 | 22 |
Full Text Views | 237 | 18 | 1 |
PDF Views & Downloads | 382 | 47 | 2 |
The international criminal courts and tribunals, especially the icc, have been strongly criticized for their susceptibility to political influence. Some have argued that the icc has a distinctly Western bias and is participating in a new kind of imperialism in Africa. Others argue that history and the complicity of the West should disqualify the international community from demanding the prosecution of individuals participating in conflicts resulting directly from colonialism. Many have focused on the nature of the creation of the judicial bodies and the inherent political nature of judicial decisions regarding whom to prosecute. In this article, I offer a normative defense of the icc, in which I acknowledge the icc’s structural protections against impermissible political influence, along with the vulnerabilities of the Chief Prosecutor to claims of distributive and substantive injustice.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 879 | 170 | 22 |
Full Text Views | 237 | 18 | 1 |
PDF Views & Downloads | 382 | 47 | 2 |