Are International criminal tribunal a distinctive to Peace?: Reconciling Judicial Romanticism with Political Realism

A significant challenge to the efficacy of international criminal justice in global governance is the view that prosecution of political leaders still in power creates a distinctive to peace and thus prolong atrocities. While “judicial romantics” are oblivious to these complexities, the “political realists” have failed to demonstrate the tribunals are in fact an impediment to peace and stability. The impact o the International Criminal Court on three recent situations in Africa suggests that the judicial interventions is more likely to help prevent atrocities rather than impede peace, even if arrest warrants cannot be executed.

Payam Akhavan, SJD (Harvard) is a Professor of international law at McGill University