chapter  3
25 Pages

Who are ‘we’ in international criminal law? On critics and membership

WithImmi Tallgren

The criminal accountability euphoria that marked the 1990s culminated in the adoption of the ICC Statute in 1998 and its entry into force in 2002. The expectations for international criminal justice are expressed in high ideals, to 'endeavour to seal the primacy of the rule of law, due process and human rights for future generations', in the words the ICC prosecutor in 2013. A few famous exceptions exist, such as Justice Radhabinod Pal, an Indian judge at the Tokyo Tribunal. Today, efforts are undertaken to give a standing and a voice to those who were absent or silent in international criminal justice. States should benefit from development programmes under the auspices of the ICC Assembly of States Parties, donor states and the NGO community, comprising external expertise and evaluations to aid developing national legislations and judicial systems to make them, by carrots and sticks, up to the standards set by the ICC statute and practice.