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18 Sw. J. Int'l L. 199 (2011)
The International Criminal Court in 2021

handle is hein.journals/sjlta18 and id is 203 raw text is: THE INTERNATIONAL CRIMINAL
Linda E. Carter*
The International Criminal Court (ICC) was established by treaty
in 1998 and came into existence July 1, 2002.1 As of September 2011,
118 states were parties to the Rome Treaty that created the Court.2 In
2021, the ICC will have been in operation for 19 years. It will still be a
'young Court in 2021 in comparison with longstanding national and
international courts, such as the International Court of Justice. Nev-
ertheless, the momentum of the ICC is likely to lead to increased ac-
ceptance, legitimacy, and impact on accountability for international
In order to fully appreciate the dynamism of the ICC, it is impor-
tant to consider the precursors to the Court. Although there were
trials after World War II in Nuremberg and Tokyo for crimes against
the peace, war crimes, and crimes against humanity,3 there were no
international criminal courts for 50 years until the United Nations Se-
curity Council established the International Criminal Tribunal for the
former Yugoslavia (ICTY) in 1993. Since 1993, other international or
hybrid international-national courts were established,5 including the
International Criminal Tribunal for Rwanda (ICTR) (1994);6 Special
* Professor of Law and Director, Legal Infrastructure and International Justice Institute,
University of the Pacific, McGeorge School of Law.
1. Rome Statute of the International Criminal Court, art. 1, July 17, 1998, 2187 U.N.T.S.
900 (entered into force July 1, 2002) [hereinafter Rome Statute].
2. The States Parties to the Rome Statute, INT'L. CRIMINAL COURT, http://icc-cpi.int/Menus/
ASP/statesiarties/ (last visited Sept. 30, 2011) ([Thirty-two] are African States, 17 are Asian
States, 18 are from Eastern Europe, 26 are from Latin American and Caribbean States, and 25
are from Western European and other States.).
3. See, e.g., The International Criminal Court, Part One: From Nuremberg to Rome, CBC
NEws, July 09, 2004, http://www.cbc.ca/news/background/warcrimes/iccl.html.
4. S.C. Res. 827,   2, U.N. Doc. S/RES/827 (May 25, 1993).
5. Hybrid courts are those that include both international and national judges.
6. S.C. Res. 955,   2, U.N. Doc. S/RES/955 (Nov. 8,1994).

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