Recommended Citation
Milena Sterio,
The Role of International, Regional, and Domestic Courts in Transitions Toward Peace and Security,
58 Case W. Res. J. Int'l L.
9
(2026)
Available at:
https://scholarlycommons.law.case.edu/jil/vol58/iss1/4
Abstract
Over the past several years, we have witnessed tremendous violations of international law in situations of conflict and mass violence by both state and non-state actors. In Myanmar, hundreds of thousands of Rohingya have experienced severe persecution and have been forced to flee to the neighboring state of Bangladesh. In Sudan, military groups such as the Rapid Support Forces have been committing serious international crimes in the Darfur region and elsewhere. In Ukraine, Russian forces have targeted civilian objectives and have forcibly abducted children. And in Gaza, Israeli forces have been engaged in various violations of international law over the past year, including the targeting of civilians and the massive destruction of property and other infrastructure. Despite solid evidence of such violations of international law, very little accountability has attached to those who have committed or ordered the commission of these violations; moreover, very few states have incurred any type of international law-based responsibility. Achieving peace and security in these regions requires a renewed focus on international law and efforts to ensure that state and military leaders uphold its principles. This Article argues that one way to do so is to continue to rely on courts – the International Court of Justice, the International Criminal Court, as well as other regional and domestic courts. Court decisions that rely on international law and establish that violations of international law have occurred can be utilized to encourage leaders to agree to peace negotiations and peace agreements and can thereby support transitions toward peace and security. (from the author)