A Community of Courts: Toward a System of International Criminal Law Enforcement

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.