International Criminal Court History
International Criminal Court Creation of the Court Historical Background
Introduction to International Criminal Court History
Laws and customs governing wartime conduct have existed since ancient times, but historically, few people have been prosecuted or punished for war crimes, genocide, or crimes against humanity. The first true international criminal court dates from 1474, when Peter von Hagenbach, a military officer appointed by Duke Charles the Bold of Burgundy, was tried and condemned to death before 27 judges of the Holy Roman Empire for atrocities against civilians committed by his troops.
In general, each nation has prosecuted and punished its own citizens for international crimes. National prosecution has proven difficult, however, when the perpetrators are political leaders or other high-ranking state officials, or if the crimes are numerous and involve many perpetrators. Criticism of German deficiencies in prosecuting and punishing the war crimes committed during World War I (1914-1918) contributed to the decision of the Allies in World War II (1939-1945) to establish the Nürnberg (Nuremberg) and Tokyo tribunals to try major German and Japanese war criminals.
Sustained movement for an international criminal court began in the early 20th century and grew with each ensuing armed conflict. The possibility of a court was studied after World War I, but opposition from isolationists prevented further action. Following World War II, the experiences of the Nürnberg and Tokyo trials led UN member states to again propose a permanent international criminal court, in order to ensure accountability for international crimes, to deter their commission, and to lessen the image of war crimes trials as “victors’ justice.”
In 1948 the UN General Assembly asked its International Law Commission to study the idea of an international judicial body to try individuals charged with genocide. In 1950, after the commission concluded that such a body was both desirable and possible, the General Assembly established its own committee to draft a statute for an international criminal court. The committee finished its work a year later, revising the text in 1953. For political and legal reasons, the draft was tabled and the issue lay dormant until 1989, when Trinidad and Tobago, during a special session of the General Assembly, proposed the creation of an international criminal court to help fight drug trafficking. In response, the General Assembly once again asked the International Law Commission to work toward the establishment of such a court. While this work was underway, the United Nations Security Council responded to atrocities in the former Yugoslavia and in Rwanda by creating special war crimes tribunals for each country in 1993 and 1994, respectively. See War Crimes Trials.” (1)
Resources
Notes and References
- Information about International Criminal Court History in the Encarta Online Encyclopedia
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