chapter  9
23 Pages

Making ICL history

On the need to move beyond pre-fab critiques of ICL
WithGrietje Baars

This chapter focuses one of the important ways lawyers congeal capitalism, namely through shaping the idea, or what it will call the 'knowledge' of ICL. Itdescribes the construction of ICL's knowledge, or the making of ICL, which occurred after the Second World War trials at Nuremberg. The chapter discusses the ICL knowledge and 'pre-fab' critiques produced by the few approaches within dominant ICL knowledge and show which critiques are foreclosed by the dominant narrative. Academic lawyer's provision of a foundational narrative of ICL, providing it with a history, a sense of 'where it came from', can be contrasted with the way history has been written out of the mainstream international law texts. Cryer and his colleagues, in An Introduction to International Criminal Law define ICL as the law of the crimes over which international courts and tribunals have been granted jurisdiction in general international law.