The accommodation of indigenous norms in international criminal justice institutions: the case for hybridty
Date
2026-01-27
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
International Journal of Comparative and Applied Criminal Justice
Abstract
This paper uses the concept of hybridity as developed by the postcolonial theorist Homi Bhabha to critique and reconstruct the foundations of international criminal law. Examining three aspects of contemporary international criminal justice (its modes of evaluating evidence, its substantive law, and its penal practices), it argues that the system is rooted in eurocentric, liberal notions of criminal justice. In response to this problem, hybrid courts represent a normative opening where western and nonwestern justice traditions can negotiate the nature of justice and law in a fashion that is captured by Bhabha’s theory. It concludes with reflections on how hybrid courts can be strengthened to develop a more inclusive model of international criminal justice.
Description
This article was originally published in International Journal of Comparative and Applied Criminal Justice . The version of record is available at: https://doi.org/10.1080/01924036.2026.2618242
© 2026 School of Criminal Justice, Michigan State University
“This is an Accepted Manuscript of an article published by Taylor & Francis in International Journal of Comparative and Applied Criminal Justice on 27 Jan 2026 available at: https://doi.org/10.1080/01924036.2026.2618242”
This article is under embargo until July 27, 202
Keywords
1International criminal law, international criminal justice, hybrid courts, postcolonial theory, hybrid justice, philosophy of criminal justice
Citation
Fichtelberg, A. M. (2026). The accommodation of indigenous norms in international criminal justice institutions: the case for hybridty. International Journal of Comparative and Applied Criminal Justice, 1–21. https://doi.org/10.1080/01924036.2026.2618242