ABSTRACT
This chapter lays down the framework that forms the basis to analyse the practice of strategic litigation throughout the book. The framework is derived from Third World Approaches to International Law (TWAIL). The first section of the chapter describes the nature of scholarship that falls under the broad label of TWAIL, and discusses its evolution and ambitions in the context of public international law. The second section of the chapter discusses the scope and need of a TWAIL engagement with international criminal law. Finally, in the third section, the chapter identifies four key concerns of TWAIL and transposes these concerns to international criminal law, referred to here as Third World Approaches to International (Criminal) Law or TWAI(C)L.
