Table Of ContentA 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
