International Criminal Law's Millennium of Forgotten History

Bohrer, Ziv

doi:10.1017/s073824801600002x

Cited by 4 publications

(1 citation statement)

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“…43 Thus, not only piracy but also law of war violations (war crimes) and even felonies (murder, theft, arson, robbery, rape, etc) were considered crimes against the law of nations, the perpetrators of which were outlaws and enemies of mankind, subject in many European courts to universal jurisdiction. 44 Contrary to Schabas's premise, the state did not emerge in the seventeenth century. Its rise was a protracted process that had already begun in late mediaeval Europe, yet culminated only deep into the nineteenth century 45 when the modern definition of the state was 'doctrinally consolidated'.…”

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confidence: 90%

The (Failed) Attempt to Try the Kaiser and the Long (Forgotten) History of International Criminal Law: Thoughts FollowingThe Trial of the Kaiserby William A Schabas

Bohrer

2020

Isr. law rev.

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The conventional historic account maintains that international criminal law (ICL) was ‘born’ after the Second World War. This account is incomplete, as William Schabas's book, The Trial of the Kaiser (2018), captivatingly shows by richly portraying the (aborted) First World War initiative to try the German Kaiser before an international tribunal. However, this article (after providing an overview of Schabas's book) argues that Schabas's account of a First World War ICL ‘birth’ is also incomplete. ICL during the First World War era was but one link in a much longer historical chain. The essay demonstrates this fact by presenting certain elements of the long (forgotten) history of ICL, which provide answers to questions that have been left unanswered, not only by the conventional account (of a Second World War ICL ‘birth’) but also by Schabas's account (of a First World War ICL ‘birth’). As the article discusses, the unveiling of a greater ICL history indicates that international criminal tribunals are not a modern innovation, and reveals the origins of ‘crimes against humanity’, of ‘aggression’ and of the universal jurisdiction doctrine. The essay further discusses reasons for the non-remembrance of the long history of ICL, the importance of acknowledging that history, and the likelihood of it becoming widely acknowledged in the near future.

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confidence: 90%

The (Failed) Attempt to Try the Kaiser and the Long (Forgotten) History of International Criminal Law: Thoughts FollowingThe Trial of the Kaiserby William A Schabas

Bohrer

2020

Isr. law rev.

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Divisions over Distinctions in Wartime International Law

Bohrer

Dill

Duffy

2020

Law Applicable to Armed Conflict

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The Problem of Periodization in the History of International Law

Rasilla¹

2019

Law hist. rev.

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The first part of the article presents a six-tiered typology of conventional approaches to historical periodization in international law. The “hegemonic” approach, the “Eurocentric universalist” approach, the “state-centric” approach, the “intellectual doctrinal” approach, the “institutional” approach, and the “normative” approach to the question of periodization of the history of international law are surveyed in turn in the light of contemporary literature. The second part examines how in the wake of the recent “historical turn” in international law a new critical historiographical wave has problematized the question of periodization because of the homogenizing effects and the “teleology of progress” to which periodization is interpreted to contribute in international legal history. The third part tackles the notion of “alternative periodization” illustrating, with examples from contemporary literature in the history of international law, its value as a launching pad for the “formation of new, formerly unknown periods,” a task that is considered “an essential part of historiographical innovation.” The conclusion elaborates on the heuristic potential of a multiperspectival approach to the study of periodization in the history of international law.Saepe stilum vertas,iterum quae digna legi sunt scripturusHor., Sat. 1, 10, 72

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International Criminal Law's Millennium of Forgotten History

Cited by 4 publications

References 60 publications

The (Failed) Attempt to Try the Kaiser and the Long (Forgotten) History of International Criminal Law: Thoughts FollowingThe Trial of the Kaiserby William A Schabas

The (Failed) Attempt to Try the Kaiser and the Long (Forgotten) History of International Criminal Law: Thoughts FollowingThe Trial of the Kaiserby William A Schabas

Divisions over Distinctions in Wartime International Law

The Problem of Periodization in the History of International Law

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