ABSTRACT
The creation of the ICC in the context of the international human rights regime
The evolution of the ICC’s institutional design: a weak court becomes strong
The ICC’s enforcement mechanism in context
Conclusion
This chapter sets the stage for the following chapters by providing background information on the International Criminal Court (ICC) and its institutional design as relates to holding states to their commitment to protect against and punish genocide, crimes against humanity, and war crimes. It first briefly describes the court’s creation in the context of the international human rights regime. It then traces the evolution of the ICC’s institutional design from its original conception as a weak institution that would allow states to guard their sovereignty since states and the United Nations (UN) Security Council would retain significant control over the ability of the prosecutor and court to act. Finally, the chapter provides additional context for understanding the ICC’s enforcement mechanism by comparing the court’s powers to those typically granted to the committees overseeing compliance with international human rights treaties and to those associated with the ad hoc international criminal tribunals.