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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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