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Transitional Justice Cascades, Vol. 53

Aleksandar Marsavelski & John Braithwaite

26 Oct 2021

Despite the enormous development of international criminal justice after the Cold War, disappointment with it has never been greater. The International Criminal Court (ICC) faces criticism from all sides. The facts speak for themselves: in nearly twenty years, and having spent approximately €1.5 billion, the ICC secured only three core criminal convictions. At the same time, more than a million people responsible for atrocities around the globe may never face justice. National courts are backlogged with cases involving gross human rights violations— even in countries in which wars ended before the ICC was established, and despite the billions of dollars invested in transitional justice. This unbearable status quo necessitates consideration of alternative justice responses that complement national penal responses and the ICC.

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Aleksandar Marsavelski, Assistant Professor, University of Zagreb, Faculty of Law, Braithwaite,

Professor Emeritus, Australian National University,