In the Mood for Law – The Role of Emotions in the Politics of International Criminal Justice

The paper examines the role of emotions in the politics of international criminal justice. Using the Kenya case at the International Criminal Court (ICC) it explores the role of guilt, shame, humiliation and anger in debates about the purpose, responsibility and proper conduct of international courts. International criminal justice is increasingly seen as an instrument to achieve wider social goals like reconciliation, social healing and compensation for victims. At the same time critics have also used emotional language to question courts’ case selection, rules of procedure and the powers of the prosecution. African states in particular have expressed anger and humiliation at a perceived neglect of their demands for reform of the international justice architecture. The paper investigates how states achieve and represent a common emotional position to international cases. It seeks to move the analysis of states’ attitude to international courts beyond arguments about national interests and norm adaptation.