This Article argues that, for political reasons, the future of international criminal law enforcement will largely be at the domestic level. It anticipates the emergence of a community of courts-domestic, semi-internationalized, and supranational. A decentralized system of international criminal law enforcement may give pause for concern: How can such a system be regulated? How can uniformity and effectiveness be assured? It is the claim of this Article that, in a world in which information is power, the relationships between these courts-the exchange of information, ideas, and personnel-brings order and regularity to the system. These interdependent relationships are defined by the core principles of subsidiarity and complementarity. Normatively, this decentralized, horizontal enforcement system is a positive development with the potential to greatly strengthen the enforcement of international criminal law. Such relationship-based communities of courts may hold great promise for other areas of international law enforcement as well.
William W. Burke-White,
A Community of Courts: Toward a System of International Criminal Law Enforcement,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol24/iss1/1