Fault lines in the emerging paradigm of international criminal accountability

Abstract

This article examines the potential of the emerging paradigm of international criminal law to proscribe international crimes. It situates the current trend towards criminalization for the most serious crimes that are of concern to humanity through discussion of the theoretical and substantive bases for accountability and the corresponding mechanisms that haue been employed in recent years to meet the demands of international justice. It identifies the continued possibility for amnesties and truth commissions in spite of the entry into force of the Statute of the International Criminal Court as evidence of a potential 'fault line' in the emerging paradigm. This article concludes that the ambiguity surrounding the status of amnesties and truth commissions may hinder the crystallization of the paradigm of international criminal accountability and ultimately challenge the pursuit of international justice.