8 - Conclusion: From Law to Justice

Summary

Chapter 8 concludes that the ICC’s existence has not resulted in a short-term reduction in atrocities. It is not a shortcut to Utopia, but its long-term preventive impact is too early to assess. Through its expressive function, the Court is having normative impact. In terms of “systemic effect,” the Court may have the most impact where it is the least needed, or its impact may be hindered by “parallelism.” At the same time, there is potential in the internalization of the Rome Statute by domestic legal systems over time. In two peace negotiations, a measure of punishment for perpetrators was included, although this did not necessarily mean imprisonment. However, its normative impact is undermined by its lack of societal impact, including a lack of impact on victims. In this respect the ICC represents “law” rather than “justice.” Victims’ rights are recognized in the Rome Statute, but these have not yielded concrete remedies. The Court also suffers from negative perceptions among affected populations. To move from law to justice, the Court should seek to maximize its impact, through a better understanding of the local context and through a focus on fewer situations. However, justice has no “universal formula” and may require approaches beyond the ICC.