The Expressive Limits of International Criminal Justice: Victim Trauma and Local Culture in the Iron Cage of the Law

Abstract

Scholarship within the field of international criminal justice has increasingly turned towards expressivist strands of thought, characterised by a concern for the didactic qualities of international criminal courts. Taking expressivism as its point of departure, this paper critically examines the expressive limits of international criminal justice. Specifically, the paper examines the extent to which international criminal courts have been expressively constrained both in their ability to alleviate the traumas of victims and in their receptivity to the local cultural values of conflict-affected communities. The paper argues that a critical reflection on the expressive limits of international criminal courts, paying particular attention to their retributive core and cultural assumptions, can help such institutions better navigate the complex terrain in which they operate, reducing aspirations concerning what they should be expected to achieve in practice and improving their legitimacy amongst local communities.