ABSTRACT

The chapter explores what does it mean to engage in strategic litigation, particularly in the context of international criminal law. While underlining the inherently political nature of the term ‘strategic litigation’ (Section I), the chapter places importance on two key features of strategic legal interventions: they combine legal action with extra-legal activities outside the courtroom (Section II); and they aim at reforming the system instead of being an exercise of repair that maintains and supports the status quo (Section III). The discussion in this chapter is intended to be the standard-setting framework for the subsequent practice analysis.