Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 1-1-2007 A Concise History of International Criminal Law Beth Van Schaack Santa Clara University School of Law,
[email protected] Ron Slye Seattle University School of Law Follow this and additional works at: http://digitalcommons.law.scu.edu/facpubs Part of the Law Commons Automated Citation Beth Van Schaack and Ron Slye, A Concise History of International Criminal Law (2007), Available at: http://digitalcommons.law.scu.edu/facpubs/626 This Book Chapter is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. A Concise History of International Criminal Law INTRODUCTION:THE GENESIS STORY The international criminal proceedings following World War II are credited with launching the modern regime of international criminal law (ICL). Antecedents, however, trace back for cen- turies and across the globe. In particular ICL draws on four main strands of international law history: nineteenth-century prohibitions against piracy, the subsequent regulations of slav- ery and the slave trade, the once theological and later secular theory of just war, and international humanitarian law (IHL) or the ‘‘law of war.’’ On this foundation, the international com- munity gradually built the norms, rules, instruments, and insti- tutions that now make up the modern ICL machinery. This chapter interweaves the history of substantive norms with that of evolving principles of domestic and international jurisdic- tion, as these narratives are virtually inseparable in ICL.