Belonging. The subject conjures up a realm of emotions. In today's world, where increasing numbers of people are on the move, whether voluntarily or forced, it captures the nostalgia one feels for a home left behind or the yearning one has for acceptance in a new community. It can produce feelings of joy or loss even from a distance, as when one follows political, sporting, or family events from afar. It encompasses sentiments of anguish, fear, and resentment when those who wish to belong are rejected or when those within a group feel threatened by those from without. For all the talk today of an interconnected, globalizing world where borders are “not just permeable, but . . . shot through with large holes,” most of us still expect our national borders—the borders of the state where we belong—to be impenetrable, except through the preapproved legal channels.

This article addresses the question what—if anything—we can and should expect from the practice of international criminal justice. It argues that neither retributive nor purely consequentialist, deterrence-based justifications give sufficient guidance as to what international criminal courts should aim to achieve. Instead, the legal theory of expressivism provides a more viable (but not unproblematic) guide. Contrary to other expressivist views, this article argues for the importance of the trial, not just the punishment, as a form of expressivist messaging. Specifically, we emphasize the communicative aspect of the judicial process. The final section, acknowledging the limited success of international criminal justice so far in terms of fulfilling its expressivist potential, diagnoses the main obstacles to, and opportunities for, expressivist messaging in the contemporary practice of international criminal justice.

Carol Sue Snowden worked for thirty years as a librarian at the Columbus Metropolitan Library in Columbus, Ohio. She led a quiet, frugal life, spending money mostly on books, which were her passion. When she died, she donated the money she had saved—over $1 million—to the Columbus library and seven local schools. Most of us would look upon this generosity with admiration, but according to a new movement called Effective Altruism (EA), Snowden got it wrong. While she was right to donate her money, she should have instead directed it to an organization that does the most good overall.