Is the International Criminal Court accountable?
PluriCourts Seminar with Fulbright Fellow Suzanne Dovi.
Is the International Criminal Court (ICC) accountable? The answer depends on what we mean by accountability. By surveying the existing theoretical and empirical literature on accountability, I show that the three main approaches to understanding accountability, accountability as sanctioning, accountability as transparency and accountability as participation, tend to justify and thereby legitimate ICC decisions as opposed to facilitate correction. Drawing on organizational accountability theory, my survey uncovers an overlooked aspect of accountability, what I call accountability as resistance. In particular, I critically explore how this missing piece of accountability works to the detriment of victim participation in the ICC, preventing critical institutional feedback to the ICC and preventing the ICC from realizing the supposed benefits attainable from victim participation.