ABSTRACT
This chapter outlines historical criticism partiality levelled against international criminal law (ICL). Then, using some historical cases to demonstrate problems of partiality, it explores application of ICL to the Arab Spring transitions, many of which are very much in early stages. The chapter argues that neglect of objectivity and appearance of objectivity in the enterprise of ICL is a dangerous oversight that can seriously affect perception of legitimacy and, therefore, effectiveness of ICL as an arbiter of actions on the international stage. Current events in the Middle East and North Africa (MENA) may have effect of negatively shaping immediate actions and therefore further entrenching criticisms of ICL as inevitably partial, as Allied victor's justice and as an instrument of the world's most powerful. The international pursuit of post-Arab Spring justice presents an interesting case study to examine questions of legitimacy in jus post bellum and ICL, specifically its principal institution the International Criminal Court (ICC).
