This post was written with Lindsay Heger, who is Associate Director, One Earth Future Foundation.

We’ve seen the rise of judicial means to bring human rights violators to trial in recent decades, both regionally and globally. Most famously, the International Criminal Court, was established after the Rome Treaty was ratified in 2002 in order to bring the most egregious state violators of human rights to to account for crimes of genocide, crimes against humanity, and war crimes (though this court has not been without its controversies, most acute of which is that the court deliberately over-targets African leaders). There are also many arguments about the effect of the ICC, including the effects that having such an institution has on individual lawyers, judges, and other officials in the practice of law. The complementarity clause of the ICC, furthermore, might be spurring domestic legal institutions to change in anticipation of possible prosecution by the Court, creating a race to the top in terms of complying with the prosecution of war crimes in order to avoid facing the ICC.

Continue reading

Share