The Peacemaking Process After the Great War and the Origins of International Criminal Law Stricto Sensu

Abstract

Abstract: Over two parts, this article explores the wider significance of the peacemaking process on the evolution of international criminal law and international criminal justice. First, it shows that the Paris experience has brought to light two problems which continue to haunt us at the present time: political resistance to the individualisation of responsibility after a conflict between collective entities, and the question of group-based selectivity of criminal proceedings. Secondly, the article explains why the peacemaking process after the Great War constitutes the prologue to, rather than the birth of, international criminal law stricto sensu – this body of international legal rules being understood as providing, on behalf of the international community as a whole, for criminal sanctions in cases of violations of a limited number of fundamental international legal rules of conduct.