The Global-Local Dilemma and the ICC's Legitimacy

Legitimacy and International Courts, Harlan Grant Cohen, et al eds., Cambridge University Press, February 2018

Temple University Legal Studies Research Paper No. 2018-02

23 Pages Posted: 29 Nov 2017 Last revised: 27 Jan 2018

See all articles by Margaret M. deGuzman

Margaret M. deGuzman

Temple University - James E. Beasley School of Law

Date Written: November 27, 2017

Abstract

A key impediment to the ICC’s legitimacy is the tension between its dual mandates to both serve the global community, especially through world-wide crime prevention, and to assist the local communities most affected by the crimes it adjudicates, including by providing reparations. These mandates can sometimes be pursued simultaneously, but some decisions require the ICC to privilege one or the other set of objectives. For instance, effective global crime prevention may require dispersing prosecutorial resources across large geographic areas, whereas the victims in ICC situation countries may prefer a greater depth of prosecutions within a given situation. This Chapter demonstrates that the literature on the ICC’s legitimacy has largely failed to address this “global-local dilemma.” It argues that greater attention should be devoted to clarifying the ICC’s mission in order to promote the institution’s still fragile legitimacy.

Keywords: International Criminal Court (ICC), legitimacy, global, local, goals, prevention, selection, victims

JEL Classification: K14, K30, K33

Suggested Citation

deGuzman, Margaret M., The Global-Local Dilemma and the ICC's Legitimacy (November 27, 2017). Legitimacy and International Courts, Harlan Grant Cohen, et al eds., Cambridge University Press, February 2018; Temple University Legal Studies Research Paper No. 2018-02. Available at SSRN: https://ssrn.com/abstract=3078123

Margaret M. DeGuzman (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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