Book Review: Historical Origins of International Criminal Law: Volumes 115

Abstract

This book review examines a five-volume set published by the Torkel Opsahl Academic EPublisher and edited by Morten Bergsmo, Cheah Wui Ling, Yi Ping, Song Tianying, and Klaus Rackwitz. The first three volumes retell the genesis story of international criminal law from stereoscopic perspectives. In addition to new research on Nuremberg and Tokyo, Volume 1 includes some of the less celebratory accounts from the post-WWII period and provides visibility into the hundreds of less salient trials that took place in the European and Pacific theaters before domestic authorities, military tribunals, and people’s courts. Volume 2 of the series presents rich accounts of national efforts at enforcing international criminal law around the world, including trials in China and the then-Soviet Union, where a prolific history of postwar prosecutions belies contemporary reticence about the project of international criminal justice. Contributions by national criminal law experts in Volume 3 reinforce the centrality of complementarity in the ICC system. Volume 4 takes up intersecting questions of criminal procedure and investigative methodologies, such as the use of demographic analysis to prove international crimes and the contributions of fact-finding commissions to accountability exercises. Volume 5 is devoted to the capstone event in the modern history of international criminal law: the establishment of the ICC. This volume contains copies of, or adaptations from, a series of memoranda solicited by the series main editor from a range of experts as the ICC was being created. These contributions track the myriad logistical, strategic, and legal decisions — from the sublime to the mundane — that must be resolved to build and operate an entirely new judicial system virtually from scratch. This final volume also features more praxis-oriented chapters, touching upon best-practice methodologies for war crimes investigations, including evidentiary analysis and forensics, by some of the world’s great international criminal law practitioners. The series will be an essential resource for both academics and practitioners interested in the history of international criminal law as a distinct field and also of the early days of the ICC, the world’s first permanent international criminal court.