What is it about?
The rapid development of international criminal law over a relatively short period of time has encouraged some commentators to construct linear, ‘progress narratives’ when writing on the history of the field. Such narratives depict international criminal law as subject to gradual improvement, starting as a highly politicised, abstract collection of principles, but eventually emerging as a neatly contoured, legitimate framework. However, from its inception, international criminal law has been inseparable from the selective application (or non-application) as well as selective creation (or non-creation) of law. Selectivity has taken numerous forms over the decades, and in some instances, has proven to be useful. However, as long as selectivity continues to exist, international criminal law will remain at odds with our wider conceptions of law.
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Why is it important?
The prevalence of selectivity in international criminal law may continue to influence the creation of law, undermine the effective enforcement of that law and ultimately impact procedural and substantive justice for those international criminal law intends to protect.
Perspectives
This article was a pleasure to write. Its subject matter is something particularly close to my heart, and I hope it provides readers with cause to stop and reflect on the status of an area of law of utmost importance.
Andre Armenian
Read the Original
This page is a summary of: Selectivity in International Criminal Law: An Assessment of the ‘Progress Narrative’, International Criminal Law Review, August 2016, Brill,
DOI: 10.1163/15718123-01604001.
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