On the rise of universal criminal justice

Abstract

Undoubtedly, the international legal order is currently undergoing a period of change and metamorphoses. Scholars eagerly engage in debates about the rise or decline of the international rule of law, with some even proposing ways to reimagine the international legal order. Of course, crises and wars around the world – especially those in Eastern Europe and the Middle East – strain the existing international legal framework. Certain international legal regimes have been shaken; for example, human rights and refugee protection are increasingly under threat. However, there are sufficient grounds to argue that international criminal justice is experiencing a modest rise, illustrated especially by the recent work of the International Criminal Court (‘ICC’). However, the ICC’s work is not without its critics. Given the criticism of the ICC and its allegedly biased approach to cases, scholars have often questioned whether, for instance, the ICC is inappropriately targeting Africa. This criticism is understandable, as the majority of investigations opened by the ICC have concerned the leaders of African states. A similar bias-based critique of the ICC is now circulating in the context of the war in Ukraine and the Palestine–Israel conflict.