
Contents
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2.1 Introduction 2.1 Introduction
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2.2 Justice and Law 2.2 Justice and Law
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2.2.1 Lawyers and Ideology 2.2.1 Lawyers and Ideology
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2.2.2 Bureaucracy and Justice 2.2.2 Bureaucracy and Justice
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2.2.3 Lawyers’ Justice? 2.2.3 Lawyers’ Justice?
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2.3 Justice for Victims: Combining Retributive and Restorative Justice 2.3 Justice for Victims: Combining Retributive and Restorative Justice
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2.4 New Victims’ Stakeholders and Blame Subjects 2.4 New Victims’ Stakeholders and Blame Subjects
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2.5 Conclusion 2.5 Conclusion
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2 What Is Justice and Does It Matter? The Rome Statute and Its Disciples
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Published:April 2024
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Abstract
This chapter explores how the Court’s lawyers and bureaucrats interpret and practise justice in The Hague. Using critical ideology theory, the chapter illustrates how the International Criminal Court’s practitioners are both subjects and active producers of the justice ideology, tracing this process of ideology-making through their conflicting justice discourses and practices. I argue that the promise to deliver ‘justice for victims’ both facilitated the Court’s institutional reproduction and made it more conflictual as the Court’s judges had to manage the contradictory pressures of including victims and safeguarding legal proceedings. Over time, they resolved that contradiction by supplementing and substituting victim participation in the courtroom with victim engagement in the field. This movement has been facilitated by the Court’s new victims’ stakeholders, who emerged in the process of operationalizing the Rome Statute’s victims’ rights regime. The new victims’ stakeholders, especially victims’ lawyers and officers, took on new roles and practices, sometimes leading to broader and more political victim engagement in the Court’s situation countries. But they could also be blamed when things went wrong, as they often did. While many of the Court’s practitioners continue to depict victim participation as a ‘burden’ or ‘challenge’, the reshuffling of victims to field and non-judicial processes has effectively turned them into an asset—subjects to be worked on and worked with.
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