A new politics of international criminal justice: accountability in Ukraine and the Israel–Gaza war

Abstract

Protecting civilian populations affected by violent conflict and mass atrocities is a challenge in global politics, particularly in view of the persistence of contestation over the application of the Responsibility to Protect principle and geopolitical gridlock in the UN Security Council. Over the past decade, there has been a pronounced rise in international accountability mechanisms to fill protection gaps in the multilateral system. Increasingly, international accountability mechanisms have been activated in the early phases of conflict situations to counter atrocities, promoting protection in 'real time'. This article proposes that the deepening association between accountability and protection is best understood as an emergent human protection transnational legal order (HPTLO), a mode of decentralized governance that was driven by diverse agency across borders and aimed at solving problems of a global reach through legal ordering. The article provides an account of the formation and character of the HPTLO, demonstrates how it is operating in the context of the wars in Ukraine and Gaza, and identifies key risks and opportunities that these developments present to the global governance of human protection.