Resisting the State Crimes of the Global North Exploring the Potential of International Criminal Law

Abstract

Civil society actors are increasingly turning to international criminal law in response to harmful conduct by the states of the Global North. Legal and strategic concerns have been raised about this practice. It is unclear whether the International Criminal Court will ever be able or willing to effectively respond to the conduct of states, particularly the powerful states of the Global North. However, there is growing recognition that the expressive power of international criminal law may be strategically used beyond the courtroom. Drawing on criminological scholarship, this article suggests that international criminal law may offer potential in resisting the state crimes of the Global North. International criminal law provides civil society with a way to sociologically criminalize the state from below and challenge the hegemonic beliefs that enable state crime. Such expressive advocacy might ultimately play a role in expanding legal understandings of what constitutes an international crime to include the conduct of the Global North.