International Criminal Justice in the Context of Fragile States: The ICC Self-Referral Debate

The incidence of fragile and conflict-affected states besieged by powerful nonstate actors calls for a re-examination of debates regarding self-referrals under Article 14 of the ICC Statute. Contrary to the predominantly critical perspective in the academic literature, the practice of self-referrals over the past twenty years in these contexts demonstrates enforcement that has been variously cooperative or coercive. With a potential mutuality of objectives between the ICC Prosecutor and states seeking to protect civilian populations from powerful nonstate actors, this iterative dance may be essential for the viability of the ICC as it mediates the realities of global justice.