A Brief History of International Criminal Law and International Criminal Court PDF
Preview A Brief History of International Criminal Law and International Criminal Court
A Brief History of International Criminal Law and International Criminal Court Cenap Çakmak A Brief History of International Criminal Law and International Criminal Court CenapÇakmak InternationalRelations EskisehirOsmangaziUniversity Eskisehir,Turkey ISBN978-1-137-56735-2 ISBN978-1-137-56736-9(eBook) DOI10.1057/978-1-137-56736-9 LibraryofCongressControlNumber:2017936781 ©TheEditor(s)(ifapplicable)andTheAuthor(s)2017 Thisworkissubjecttocopyright.AllrightsaresolelyandexclusivelylicensedbythePublisher,whether thewholeorpartofthematerialisconcerned,specificallytherightsoftranslation,reprinting,reuseof illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similarordissimilarmethodologynowknownorhereafterdeveloped. Theuseofgeneraldescriptivenames,registerednames,trademarks,servicemarks,etc.inthispublica- tiondoesnotimply,evenintheabsenceofaspecificstatement,thatsuchnamesareexemptfromthe relevantprotectivelawsandregulationsandthereforefreeforgeneraluse. Thepublisher,theauthorsandtheeditorsaresafetoassumethattheadviceandinformationinthis book are believed to be true and accurate at the date of publication. Neither the publisher nor the authorsortheeditorsgiveawarranty,expressorimplied,withrespecttothematerialcontainedherein orforanyerrorsoromissionsthatmayhavebeenmade.Thepublisherremainsneutralwithregardto jurisdictionalclaimsinpublishedmapsandinstitutionalaffiliations. Coverillustration:evdokiageorgieva Printedonacid-freepaper ThisPalgraveMacmillanimprintispublishedbySpringerNature TheregisteredcompanyisNatureAmericaInc. Theregisteredcompanyaddressis:1NewYorkPlaza,NewYork,NY10004,U.S.A. Dedicated to the memory of my mother Preface International criminal law is a nascent part of international law that attracts growing attention because of mass atrocities and heinous ff international crimes committed in di erent parts of the world. This body of international law is designed to prosecute the individuals responsible for the commission of these crimes and provide redress. Most destructive and egregious crimes have always attracted attention. However, historically, the solutions developed to address such acts have remained inadequate and failed to restore justice. The strong emphasis upon sovereign prerogatives of the nation states and their heads has been the main factor for the lack of strong mechanism in global stage to deal with these crimes. fi International criminal law has emerged to ll this void. This book seeks to present a historical depiction of how international criminal law has evolved from a national setting to a truly international outlook. To fi this end, it rst evaluates how international criminal law has evolved fi froma historicalperspective.Particularattentionis paidto howthe rst permanent international criminal court was made. In this section, the role of NGOs and other relevant actors is also taken into account to show that the making of international law and politics has become an fi intricate business. In the nal section, the general features of the ICC ff ff and how it stands in world politics and a ects the interstate a airs is analyzed. vii viii Preface The book is intended to serve as an introductory text for advanced courses on international criminal law or humanitarian law in both legal fi studies and political science-related elds including international rela- tions.However,itmayalsobeusedasasupplementalreadingforpublic international law courses as well. In addition, general readership may fi nd it useful as the area of international criminal law is particularly ff popularbecauseofitsrelationtotheongoingatrocitiesindi erentparts of the world. The errors in the book remain solely mine while those who have extensively made contributions deserve credit. Istanbul, 2016 Dr.CenapÇakmak Contents Historical Background: Evolution of International Criminal Law, Individual Criminal Accountability, and the Idea of a Permanent International Court 1 Part I The Evolution of International Criminal Law: A Historical Overview Prior to World War I 9 The Interwar Period 25 The Period Between World War II and the End of the Cold War 49 From the End of the Cold War to the Present 101 Review and Analysis 123 ix x Contents Part II Forming the International Criminal Court Developments Leading to the Establishment of the ICC Prior to the Rome Conference 135 The Rome Conference 147 Negotiations at the Rome Conference 165 Debates on Inherent or Preauthorized Jurisdiction 181 No Reservations, No Statute of Limitations in the Final Statute 191 Part III The International Criminal Court in World Politics Introduction 199 fi Overview and Signi cance of the International Criminal Court (ICC) 205 ’ The ICC Versus National Sovereignty: Analyzing ICCs Performance as a Legal and Political Institution 213 Global Civil Society and the ICC 239 Conclusion 263 Bibliography 273 Index 297 Historical Background: Evolution of International Criminal Law, Individual Criminal Accountability, and the Idea of a Permanent International Court Itisgenerallyagreedthatinternationallawisbasedontheconsentofstates. Inotherwords,states,andtheintergovernmentalorganizationstheycreate, arethemainunitsofinternationallaw,whichthusgovernstheinteractions betweenthestatesaslegitimateactors.However,inrareinstances,anatural person may become a subject of international law; in other words, inter- nationallawprescribesrulesthatapplytorealpersonsaswell.International criminal law is a body of law that generates rules that govern certain acts committed by real persons. With the exception of these rules, a real ’ persons acts are generally governed by national laws. However, some acts by a realpersonareconsideredgrave, and forthis reason,states agree thattheseactsmustbeincludedinthescopeanddomainofinternational law. Although it does so in a complementary fashion, international crim- inallawarguesthatitoperatesinsuchcasesofgraveactsanditconvertsreal personsintosubjectsoftheinternationallegalsystem. International criminal law is a nascent part of international law, suggesting that it has not been an integral and indispensable part of theinternationallegalsystemforlong.However,itshouldalsobenoted thatinternationalcriminallawhasrootsintermsofintroducingideason © The Author(s) 2017 1 C. Çakmak, A Brief History of International Criminal Law and International Criminal Court, DOI 10.1057/978-1-137-56736-9_1
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