The International Criminal Court and the symbolic purpose of trials: rescuing the Court’s legitimacy in developing and least developed countries

Sofia Larriera Santurio, Paula Nunes Mamede Rosa

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The present article takes the International Criminal Court (‘ICC’)’s legitimacy crisis in many developing and least developed countries as a starting point. Recognizing that international criminal justice is a work in progress, this article seeks to contribute to the enhancing of ICC’s legitimacy, offering a Global South perspective on the current prosecution mechanisms. For this, the article analyzes the symbolic and expressive aspects of international criminal justice and its trials, as well as the historic processes that have been identified in crimes prosecuted before the ICC. It also makes use of two case studies before the ICC, Central African Republic and Uganda, which allow a broader analysis of the Court’s practice regarding historical backgrounds. The goal is to show that by engaging with the historical roots of contemporary conflicts, including colonization and de-colonization processes, the Court could enhance its expressive power, achieving a broader historical justice and improving its legitimacy before the developing and the least developed countries.
Original languageEnglish
Pages (from-to)17-33
Number of pages17
JournalRevue Internationale de Droit Penal
Issue number1
Publication statusPublished - 6 Dec 2022
Externally publishedYes

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