Symposium: Whither the International Criminal Court?

The International Criminal Court (ICC) finds itself in an interesting predicament. On the one hand, it purports to function as an independent mechanism for holding those responsible for atrocities to account, regardless of their nationality, political allegiances, or geopolitical significance. On the other, the institution is embedded in international law first and foremost, which is itself part and parcel of an international legal order where sovereign equality is only formal.

David Bosco has written an excellent book on the ICC’s initial years navigating this tension. The substance of the book, called Rough Justice: The International Criminal Court in a World of Power Politics (OUP, 2014), is ably introduced by the various participants in this symposium, so I will resist the temptation to rehearse its full argument now. In short, Bosco assesses the ICC’s first years within a framework that questions the extent to which powerful states have marginalized, controlled or accepted the Court, pointing to an important degree of “mutual accommodation.”

There is much to commend about this excellent work, which will no doubt animate discussions about international criminal justice generally and the ICC specifically for some time to come. I hold my own applause for my substantive contribution later in the symposium, but I do want to mention at the outset that Bosco’s text has prompted me to add another line to my blogging manifesto, namely, a commitment to showcasing aesthetic excellence on this site. His book is beautifully written.

In terms of format, the symposium will involve a leading group of experts. In keeping with my commitment to promoting conversation between scholars, members of civil society and practitioners, I have invited a former Prosecutor of the ad hoc tribunals, others who have worked as senior practitioners, two very prominent members of civil society, and academics from leading institutions. The resulting group of experts come at these issues from different starting points and offer contrasting perspectives.

The result, I hope you’ll agree, is a truly fascinating set of reflections on this historic institution.