The Banality of International Justice

Abstract

International criminal justice has grown cyclically over the past century, with periods of intense developments punctuated by rather long stretches of dormancy. It is legitimate to ask whether we are now in the downturn of yet another cycle. The International Criminal Court has failed to live up to its own expectations. But its real challenge is the declining enthusiasm for the Court in Africa. This is explained by its deference to the Security Council and its inability or reluctance to take on hard cases that threaten powerful states. At its best and most inspiring, international justice shows that it can confront the rich and powerful and not just the weak and marginal. It needs another Pinochet moment.