The international criminal court : domesticating war in the absence of politics?

Abstract

The International Criminal Court (ICC), one of the world’s most prominent judicial bodies, was created in a similar fashion as other international institutions, through diplomatic negotiation and collaboration. However, what sets the ICC apart from these other international institutions is its attempt to escape from the politics it faces in the international arena by focusing solely on the law and legal proceedings. This is done because of the negative perception that arises when politics mixes with the law as it attempts to remain unbiased. The Court has faced challenges in this regard since its inception and the investigations it leads often blend the two key components of justice, a legal focus, and peace, a political focus. This essay examines the paradoxical relationship between law and politics in practice through the lens of international relations theory, as well as the politics surrounding the Court in both its creation and its internal functioning. Ultimately, the essay argues that the best example of politics enmeshed in the Court is through a focus on cases and the resulting political effects of the Court’s investigations are examined. The two cases studied are Uganda and Libya, chosen for their unique referral process and prominent examples of the political calculations of the ICC.