Between 'Faith' and 'Facts': By What Standards Should We Assess International Criminal Justice?

The traditional vision that international courts and tribunals do 'good' or create a better world through law is increasingly under question. International criminal justice started largely as a 'faith'-based project, but is increasingly criticized in light of its actual record an...

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Bibliographic Details
Published in:Leiden journal of international law 2012-06, Vol.25 (2), p.251-282
Main Author: Stahn, Carsten
Format: Article
Language:English
Subjects:
Criminal justice
International Criminal Court
International law
Online Access:Get full text
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Summary:The traditional vision that international courts and tribunals do 'good' or create a better world through law is increasingly under question. International criminal justice started largely as a 'faith'-based project, but is increasingly criticized in light of its actual record and impact. This essay examines this journey and, in particular, the role of 'faith' and 'fact' in the treatment and assessment of international criminal courts, through four core themes ('effectiveness', 'fairness', 'fact-finding', and 'legacy') addressed in Andre Gide's version of the parable of The Return of the Prodigal Son. It argues that, in its 'homecoming', international criminal justice would benefit from a greater degree of realism by openly accepting its limitations and embracing its expressivist function. It cautions at the same time against exclusively quantitative understandings of impact, arguing that the power of international courts and tribunals lies not so much in their quantitative record as in their role in setting a moral or legal example or shaping discourse. It concludes that a better match between 'idealism' and 'realism' requires greater attention to the interplay between 'international', 'domestic', and 'local' responses to conflict, as well as recognition of their legitimate differences. Adapted from the source document.
ISSN:0922-1565
DOI:10.1017/S0922156512000027