Category Archives: Criminal law

The Rome Statute at 20 Years: Exploring Intersections of Law and Culture at the International Criminal Court

Julie Fraser & Brianne McGonigle Leyh

ICC logoOn 17 July 2018, the Rome Statute (RS) creating the International Criminal Court (ICC) celebrated its 20th anniversary. The ICC is a permanent court that investigates serious international crimes including genocide, crimes against humanity, and war crimes, and prosecutes individuals believed to be most responsible. In this way, the ICC promotes the rule of law internationally and seeks to end impunity for the most heinous crimes. The Statute’s agreement was a remarkable achievement many decades in the making. In the last 20 years, the ICC has grown from small beginnings into a fully-fledged court of international law. Progress has not, however, always been smooth, with many issues and obstacles arising, including in relation to culture. While international law (including international criminal law) is typically portrayed as objective and not limited or bound by a particular culture, as revealed especially in practice, law and culture cannot be so clinically separated. Culture influences our view of the law, of the facts to which it applies, and the fairness of any outcome. From the substantive charges and their defences to the scope and content of reparations and the operation of the criminal process, the impact of culture can be problematic given the nature and context of the ICC’s work. And, yet, culture and the ICC has not been comprehensively addressed in scholarship. Continue reading