NCJ Number
99638
Journal
Journal of International Law Volume: 15 Issue: 1 Dated: (Winter 1983) Pages: 13-25
Date Published
1983
Length
13 pages
Annotation
This historical analysis of international criminal law from ancient to contemporary times concludes that there has been only minimal agreement as to what constitutes an international crime and no consensus about how to deal with an international criminal act.
Abstract
Following a review of conflicting positions held by scholars regarding the existence of international criminal law, the author argues that international criminal law emerged in the first decades of the 20th century, especially after World War 1. Specific topics discussed include the International Association of Penal Law established in 1924, the Latin American Bustamente Code of 1928, and the Conventions for the Prevention and Punishment of Terrorism and for the Creation of an International Criminal Court promulgated by the League of Nations in 1937. The important contributions of the Nuremberg and the Tokyo Tribunals to international law are explored, as are the United Nations' 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes, and the Genocide Convention of 1948. The author concludes that substantial barriers to the development of international criminal law are the important role that political ideology plays in determining wrongful conduct, the difficulties in harmonizing competing domestic legal systems, and ongoing legal debates over the role of corporate responsibility. The paper includes 87 footnotes.