Just a 'Bubble'?: Perspectives on the Enforcement of International Criminal Law by National Courts

Abstract

The international criminal justice project is not in decline. Its focus, however, has shifted to where it, arguably, belongs: to national courts. National courts are integral to both the origins and the future of international criminal justice. The difficulties involved in national prosecutions led to the establishment of international courts and the rise of universal jurisdiction; the difficulties in using these latter forums, in turn, is leading back to national courts. This article examines the forward movement and the backlash of the enforcement of international criminal law by national courts, drawing in particular on the Latin American and the Spanish examples. It concludes by arguing that the hangover after the euphoria should be used to correct the sky-high expectations and to (re)determine the relationship between international and national and among different national jurisdictions.