Meandering along the ICL Path: Where are we headed? .

Abstract

International criminal law (ICL) is still a fresh adventure. In an attempt to respond to atrocities that ‘shock the conscience of humanity’ (United Nations 1998), there were starts and stops and stumbles. The project of holding individuals accountable developed slowly, then came to a halt before regaining momentum; it faced charges of partiality and injustice, but is seen by many as a bright path in a fight to end impunity for perpetrators of pervasive and purposeful mass political violence. The current main debates concern the right institutions by which to administer ICL, including whether any judicial mechanismis necessary, or even reasonable, for transitional justice (see Tutu 1999). A major challenge is in developing an institution that can balance the ownership needs of a community with the need for a certain level of external evaluation of cultural practices and values, and the cessation of impunity for local powers.