The Politics of International Justice

Abstract

AbstractThe question as to what constitutes “justice” is one which cannot be easily answered; it is a very complex concept which becomes even more difficult when asked on the international stage. And while it has been acknowledged that there are several ways of achieving all kinds of justice, especially in the context of mass or state crimes, there is a tendency to focus on justice achieved in judicial proceedings. On the international level, this may be surprising since that form of justice presupposes the existence of international tribunals. Such tribunals, however, limit the concept of absolute State sovereignty insofar as their Member States are bound to respect and implement their decisions. The tense relation between sovereignty and politics on the one hand and the rule of law on the other invites to look at when and under which circumstances those courts are established and how they themselves deal with the political pressure stemming from the highly political surroundings they are cast in. While it seems that courts can contribute to ordering the international stage in a meaningful way, the fact that almost all disputes in international law have both political and legal aspects, makes it questionable whether all of them are suitable for judicial solution.KeywordsPower PoliticsJusticeInternational TribunalsHuman Rights CourtsInternational Criminal Court