Using Strategic Litigation and Universal Jurisdiction to Advance Accountability for Serious International Crimes

Abstract

This article addresses what the increased role of strategic litigation and universal jurisdiction for serious international crimes in domestic courts means for international criminal justice by exploring the opportunities and risks as well as implications for the field. A number of key overlapping and countervailing trends stand out: (i) a growing landscape where domestic legal systems are playing larger roles; (ii) a constantly proliferating and complex transnational network of actors – formal and informal – involved in the pursuit of accountability; and (iii) a risk of further entrenching Eurocentrism of international criminal justice resulting from the dominance of European domestic courts for the prosecution of international crimes under universal jurisdiction. The article concludes by stressing the importance of strategic litigation and universal jurisdiction and the role played by civil society in pursuing accountability for serious international crimes, and puts forward some modest recommendations for mitigating some of the identified risks.