Third World Approaches to International Law (TWAIL) and Inequality in International Criminal Justice: A Critical Assessment

This chapter addresses the criticism of international criminal law and inter-national criminal justice, that have been conveyed in an anti-imperialist perspective and double standard arguments. Whilst such criticism has historically been driven by political considerations, opportunism, and self-interest, more recently the Third World Approaches to International Law (TWAIL) have formulated a more structured critical framework, aimed at shedding light on the asymmetries and post-colonial continuities of international law. After a brief overview of TWAIL scholarship evolu-tion and claims, the analysis will focus on TWAIL criticism of the international criminal justice projects in general, and the International Criminal Court (ICC) in particular. The chapter then focuses on a practical case before the ICC, the situation in Afghanistan and the recent authorisation of the Appeals Chamber to proceed, with a view to discuss the limits and restraints that the Court must face. These shall not perforce be framed in the imperialist discourse but might be analysed through a pragmatic perspective in order to identify the critical issues that might challenge the Court’s legitimacy and efficiency.