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

Bibliographic Data

ID12915228
AuthorsBrianne McGonigle Leyh (0000-0002-0865-2340, corresponding author)
Year2022
Volume16
Issue3
Pages363-379
Publication date2022-10-19
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational Journal of Transitional Justice (JOURNAL)
Journal identifiersISSN: 1752-7716 • E-ISSN: 1752-7724
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/ijtj/ijac020
OpenAlexW4306834480
LanguageEN
Citations received3

∞ 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

Accountability · Dominance (genetics · International law · Jurisdiction · Political science · Universal jurisdiction · Corporate Law and Human Rights · International Arbitration and Investment Law · International Law and Human Rights · Law

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