After a quarter- century of intense normative growth, professional expansion, and
institutional consolidation, international criminal law may presently feel a little exhausted
and in need of a break. Finding itself suddenly in the hurly- burly of global
politics, the anti- impunity project has begun to re- think its self- image as an intrinsically
neutral servant of the values of an ‘international community’. Instead of a
world united behind such values, criminal lawyers have encountered political communities,
diplomats, and politicians intensely confronting each other, in the dramatic
image of Hobbes, ‘in the state and posture of gladiators; having their weapons
pointing and their eyes fixed on one another’.1 What does it do to the principles of
criminal law that they are applied in the context of deep adversity that is sometimes
directed against the criminal process itself? How do those principles appear in the
eyes of men and women not already committed to the global institutions that flag
them? To answer such questions, it may seem useful to gaze backwards for a change,
and to examine the ideological and professional assumptions that have conditioned
the anti- impunity project so far. This is the welcome ambition of this book.
As many of the essays below acknowledge, the growth of the discipline was always
accompanied by a rather precise historical narrative. Even today, textbooks
situate the origins of international criminal law somewhere in the latter part of the
nineteenth century, traversing thereafter a number of familiar European locations—
Versailles, Nuremberg, and The Hague, with a brief detour to Arusha/ Kigali. But
the bulk of the activity was concentrated in the 1990s where the anti- immunity
project found itself in the company of a other institutional processes abbreviated
as ‘globalization’— massive growth of human rights, environmental, and trade law,
an expanding sense that the end of the Cold War had unleashed the forces of Whig
history; humankind turning from egoistic and dangerous sovereignty towards peace
and common values.