Abstract This article begins with the confirmation of charges decisions undertaken by the International Criminal Court in the Kony case. These proceedings struggled with the reality of in absentia. This article addresses the high absentee rate among individuals against whom the International Criminal Court (ICC) has issued arrest warrants and notes the stark presence of absence in the ICC’s work as well as within the enforcement of international criminal law at large. This article suggests that international criminal lawyers lean into the prevalence of absence and reboot predominant collective thinking. One path forward is to truly and warmly embrace transitional justice mechanisms which are not too tightly wedded to formal liberal legalism. These include people’s tribunals, mock trials, artistic commemorations, holograms, theatre, film, truth commissions, and indigenous justice mechanisms. International justice advocates might break new ground by challenging their own abstemiousness when it comes to radical innovation.
Mark A Drumbl (2026) studied this question.