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16 Chinese J. Int'l L. 1 (2017)

handle is hein.journals/chnint16 and id is 1 raw text is: @ The Author 2017. Published by Oxford University Press. All rights reserved. doi:10. 1093/chinesejil/jmx009 Editorial Comment Justice and Realpolitik: The Predicament of the International Criminal Court* Hans K6chler** Abstract Against the historical background of international criminal justice since the end of World War I, this comment analyzes the obstacles and difficulties faced by the International Criminal Court to establish its legitimacy and au- thority in the context of global power relations. By reference to the position of the African Union, the systemic crisis of the ICC is highlighted in regard to structural (related to Statute and ratification status) as well as performance- related issues (concerning the investigative and prosecutorial practice in the Court's 15 years of existence). I. Introduction 1. The adoption, in January 2017, by the Assembly of the African Union of an ICC Withdrawal Strategy' has highlighted in an exemplary manner the problems faced by international criminal justice in the present system of international relations. The idea of universal justice2-a body of norms that are binding upon all, even the most This is a Special Editorial Comment by invitation. All opinions are those of the au- thor only. Professor emeritus, Chair of Political Philosophy, University of Innsbruck, Austria; Co-President and Member of the International Academy of Philosophy; and President of the International Progress Organization, Vienna. The drafting of this paper was completed on 7 March 2017 and the websites cited were current as of that date. Email: hans.koechler@uibk.ac.at 1 Draft Decision on the International Criminal Court, Doc. EX.CL/1006(XXX), African Union, Assembly of the Union, Twenty-Eighth Ordinary Session, 30-31 January 2017, Addis Abeba, para.8. 2 This concept is not to be confused with the notion of universal jurisdiction, which is not a paradigm in the body of norms of the Rome Statute of the ICC. 16 Chinese Journal ofInternational Law (2017), 1-9

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