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VI. The “Direct Enforcement System:” History of International Criminal Investigations and Prosecutions

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Chapter Summary

An ideal "direct enforcement system" would include not only an adjudicating body, but would be a vertically integrated and comprehensive international criminal justice system consisting of all the components found in national criminal justice systems, namely: investigation, prosecution, adjudication, sanctions, and enforcement. Between 1919 and 1994 there were five ad hoc international investigation commissions, four ad hoc international criminal tribunals, and three internationally mandated or authorized national prosecutions arising out of World War I and World War II. This chapter reviews the U.N. efforts to establish an international criminal court and to codify certain international crimes. The development of direct enforcement systems like the ICC, ICTY, and ICTR inspired the establishment of new institutions, the advancement of norms and jurisprudence, and above all, the normalization of international criminal justice.

Keywords:direct enforcement system; international criminal investigation; international criminal justice; international criminal prosecution

10.1163/9789004231696_007
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