The International Criminal Law of the Future
26 Pages Posted: 19 Mar 2021 Last revised: 23 Nov 2021
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The International Criminal Law of the Future
The International Criminal Law of the Future
Date Written: March 8, 2021
Abstract
This essay draws upon past developments and current trends of International Criminal Law (ICL), to posit what the future might hold for the discipline. The essay first tracks the exponential expansion of ICL in the 20th and 21st centuries, detailing and critiquing developments from Nuremberg to the post-9/11 erosion of international norms in name of “fighting terrorism.” This narrative reveals a paradoxical element of ICL: “lesser” transnational crimes are met with robust interstate cooperation and at times troublingly little regard for defendant’s rights, whereas the most serious crimes of concern to the international community as a whole, the “core crimes” of genocide, crimes against humanity and serious war crimes, are often relatively weakly enforced and are typically tried in courts which are highly protective of the human rights of the accused.
The essay then evaluates the track record of ICL over the past thirty years, noting that the results are mixed. While ICL has expanded during this period, particularly with the establishment of the International Criminal Court (ICC), this has generated a backlash from powerful global actors. The essay then traces five broad themes typifying modern ICL, both positive and negative for the field. It concludes with a prediction that ICL will become increasingly robust, although the exact form it will coalesce into remains unclear. Much hinges on the evolving stances of several Permanent Members of the Security Council, as well as national and regional efforts.
Keywords: international criminal law, international human rights, terrorism, crimes against humanity, international criminal court, core crimes, Nuremberg, transnational criminal law
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