Case | HBS Case Collection | April 2010 (Revised October 2010)

The International Criminal Court

by Rafael M. Di Tella and Natalie Kindred

Abstract

This Case describes a controversial 2010 decision by the International Criminal Court (ICC) and alludes to some of the broader challenges of building international institutions. The case briefly highlights certain milestones in international relations preceding the ICC's formation; provides an overview of the ICC and its activities as of March 2010; and outlines Kenya's post-election crisis in 2007–2008 and the ICC's decision to intervene. The ICC's involvement was a divisive issue: some argued it would destabilize Kenya, while others claimed it was an important step towards lasting peace. The Kenya scenario presents many aspects for consideration, including the wisdom of the ICC's involvement (given the complex historical, economic, and cultural issues underlying the 2007–2008 crisis), as well as the likelihood that Kenyan officials will cooperate with the ICC. Students can also weigh the broader implications for the ICC as it seeks to establish itself as a legitimate, fair, and just institution.

Keywords: Crime and Corruption; Decision Choices and Conditions; International Relations; Political Elections; Courts and Trials; Organizations; Kenya;

Citation:

Di Tella, Rafael M., and Natalie Kindred. "The International Criminal Court." Harvard Business School Case 710-060, April 2010. (Revised October 2010.)