Reconciling Universal Justice with Legal Pluralism: A CLP Framework for International Criminal Law Reform

Abstract

The International Criminal Court (ICC) faces a legitimacy crisis rooted in its failure to reconcile universal justice norms with the legal pluralism of affected communities. This paper applies Communitarian Legal Pluralism (CLP) theory to propose structural reforms that would transform the ICC into a "networked justice institution" capable of honoring diverse legal traditions while maintaining core human rights standards. Through case studies of Colombia, Rwanda, and Uganda, we demonstrate how CLP principles—subsidiarity, cultural embeddedness, and participatory justice—could reshape complementarity assessments, victim participation, and reparations. The analysis reveals that international criminal law must evolve from its current state-centric model toward a pluralist paradigm that acknowledges multiple legitimate justice systems. We conclude with specific proposals for amending the Rome Statute and ICC procedures to institutionalize this hybrid approach.