4. A Marxist Analysis of International Criminal Law and Its Potential as a Counter-Hegemonic Project

The chapter proposes a Marxist analysis of international criminal law, employing Marx and Engels' theoretical contributions to contextualize the law's evolution and its potential as a counter-hegemonic project. It examines the tension between formal equality and material inequality, tracing this tension from the bourgeois revolutions of the late 18th century to the current global legal framework. The authors argue that international criminal law, despite its claims of formal equality, perpetuates material inequality at the global level. The text is divided into sections that analyze the foundations, drafting, and enforcement of the law, revealing the persistent patterns of inequality. It concludes by suggesting paths to overcoming these inequalities and reframing international criminal law from a counter-hegemonic perspective, offering a critical and historically grounded perspective on the law's development and application.