In the Eye of the Beholder

Abstract

This article investigates the stark variation in elite appraisals of the performance of the International Criminal Court (ICC). Based on an online survey of diplomats posted to the UN headquarters, this article determines which country situations under ICC scrutiny respondents regard as successes or failures and, in turn, what parameters underpin their views. It also asks about negative cases; that is, country situations that never made it to The Hague due to political considerations. This article makes a two-fold contribution to the study of international law and politics. First, it shows that diplomats conceptualize international justice in terms of ongoing prosecutions and convictions obtained. Thus, they downplay indirect effects such as positive complementarity. Interestingly, scholars and diplomats agree on the court’s fiascos, yet dissent on successes. Finally, diplomats have proved tired of political considerations obstructing international justice. Survey data reveals that they want the court to investigate situations involving major powers.