#AUSPOL #WARCRIMES #ICC: exploring the social media response to a communication to the International Criminal Court
Natalie Hodgson · Griffith Law Review · 2024
Any individual or organisation can make an ‘Article 15 communication’ to the Prosecutor of the International Criminal Court (ICC), providing him or her with information about alleged international crimes. Increasingly, individuals and organisations are publicising their communications through the media and on social media. While this may enable the authors of communications to attract attention and advocate extralegally for political and social change, the strategic use of communications poses challenges for the ICC. This article uses the social media discussion on X, following a communication by Australian Senator Jacqui Lambie concerning the potential responsibility of Australian Defence Force commanders for war crimes in Afghanistan, as a case study to explore the strategic benefits and potential risks of Article 15 communications. The discussion following Lambie’s communication suggests that a communication can be used to engage the public. However, while there was no strong evidence that users held inflated expectations regarding the likely outcome of a communication, the article’s findings suggest three scenarios where people might develop a negative opinion towards the ICC if the Prosecutor declines to take further action. Improving the public’s understanding of the ICC might help protect the Court against potential reputational damage from communications.