1. Hegemony and International Criminal Law—An Introduction

The chapter 'Hegemony and International Criminal Law—An Introduction' delves into the intricate relationship between international criminal law and hegemony, questioning whether it can be considered a counter-hegemonic project. It begins by addressing the plurality of claims surrounding the institutions and practices of international criminal law, aiming to nuance its perception and role within existing scholarship. The research project at the heart of this collection poses the question: Can international criminal law be viewed as a 'counter-hegemonic' project? And under what conditions? The concept of counter-hegemony is left open to facilitate engagement with multiple understandings of hegemony and different critiques of international criminal law. The chapter explores various forms that the hegemon may assume within international criminal justice, ranging from the law itself to specific actors or structures. It also acknowledges the historical challenges and critiques faced by international criminal law, such as its understanding as victor’s justice and its colonial legacy. Recent developments, including challenges from African governments and critical schools of thought like TWAIL, further complicate the landscape. The chapter highlights the dual nature of international criminal law, which can both perpetuate hegemonic structures and offer avenues for resistance. It concludes by emphasizing the need for a comprehensive, informed new common ground that acknowledges these complex critiques and their implications for international criminal law, its institutions, and practice.