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A Brief History of International Criminal Law and International Criminal Court

DOI: 10.1057/978-1-137-56736-9

ISBN: 978-1-137-56735-2

Publisher: Palgrave Macmillan US - Springer Journals

Apr 18, 2017

1 - 10 of 16 Chapters

LitStream

Chapter 1Historical Background: Evolution of International Criminal Law, Individual Criminal Accountability, and the Idea of a Permanent International Court

Çakmak, Cenap

Pages: 1 –6

[It is generally agreed that international law is based on the consent of states. In other words, states, and the intergovernmental organizations they create, are the main units of international law, which thus governs the interactions between the states as legitimate actors. However, in rare...
LitStream

Prior to World War I

Çakmak, Cenap

Pages: 9 –23

[Over the past 500 years, the global community has sought numerous ways to address the most serious crimes that concerned and equally horrified the whole world. Bassiouni even argues that there is evidence of a tribunal that held individuals responsible for war crimes in Greece in 405 BC. Schabas...
LitStream

The Interwar Period

Çakmak, Cenap

Pages: 25 –47

[It could be argued that the failures to create an international judicial body that would be empowered to prosecute war criminals over the course of the nineteenth century, which witnessed the outstanding impacts of the Industrial Revolution on arms technology, significantly contributed to the...
LitStream

The Period Between World War II and the End of the Cold War

Çakmak, Cenap

Pages: 49 –99

[The world’s failure to introduce satisfying remedies to prevent future atrocities such as those committed during World War I could surely be considered one of the leading contributors to the deaths, enormous in amount and horrifying in type that occurred during World War II. It could be argued...
LitStream

From the End of the Cold War to the Present

Çakmak, Cenap

Pages: 101 –122

[It has been a fashion among students of international relations and international law, as well as strategists, analysts, and pundits of all types, to refer to the end of the Cold War as a significant historical turning point, the beginning of an abrupt and remarkable transformation in world...
LitStream

Review and Analysis

Çakmak, Cenap

Pages: 123 –131

[One could infer many conclusions from the evolution of international criminal law as surveyed earlier. However, the following are highlights and should not be considered representative or reflective of the full picture: The study of the history of international criminal law clearly demonstrates...
LitStream

Developments Leading to the Establishment of the ICC Prior to the Rome Conference

Çakmak, Cenap

Pages: 135 –145

[Initial attempts to create a permanent International Criminal Court (ICC) in the 1990s were made by the International Law Commission (ILC). However, the ILC’s concrete efforts and subsequent proposals were weakened by the UN General Assembly, which, rather than calling for a multilateral...
LitStream

The Rome Conference

Çakmak, Cenap

Pages: 147 –163

[The decision, made at the end of the process by which an ad hoc committee and six preparatory committee meetings had been held, to convene a multilateral conference to discuss the issue of creating an International Criminal Court (ICC) with a permanent seat and inherent power to address the most...
LitStream

Negotiations at the Rome Conference

Çakmak, Cenap

Pages: 165 –179

[The discussions at Rome Conference revolved around three major issues and aspects that were relevant to the future court. The first was the issue of trigger mechanism and the court’s jurisdiction, which was closely related to the fairness and effectiveness of the future court in that if the...
LitStream

Debates on Inherent or Preauthorized Jurisdiction

Çakmak, Cenap

Pages: 181 –189

[At the beginning of the conference, the International Committee of the Red Cross urged the delegations in Rome to adopt a statute that would not provide a jurisdictional regime based on state consent; otherwise, the president of the committee warned, the Geneva Conventions would have been...

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