An Emerging Challenge for International Criminal Justice: Legitimacy, Pseudolaw, and the International Criminal Court

Abstract ‘Pseudolaw’ refers to nonsensical legal statements that superficially appear to be genuine. While pseudolaw has been described as a threat to domestic legal systems, little is known about pseudolaw’s interaction with international law. Using the Covid-19 pandemic as a case study, this article argues that pseudolegal engagements with international criminal law have the potential to undermine the legitimacy of international criminal justice and its institutions. During the pandemic, online misinformation unduly enhanced the perceived credibility of unmeritorious, pseudolegal arguments. People invoked these arguments to persuade, threaten, and justify vigilante acts. There is a risk that political actors may be less likely to support international criminal justice if it is perceived as a tool that can be used to harass and intimidate. As such, international criminal justice must develop methods for responding to the challenges posed by pseudolaw without foreclosing avenues for legitimate civil society engagement with international criminal law.