The analysis conducted in the course of this book has shown that the ultimate decision to establish an international criminal court like the ICC can be regarded as a true phenomenon. The historical excursus has portrayed that the idea to create a Tribunal to prosecute those responsible for the worst crimes of mankind was not a novelty, but its final practical implementation was. That States agreed to the encroachment of substantial parts of their sovereignty to permit the existence of a criminal entity like the ICC, underlines the huge and positive development of international criminal law over the past 50 years. Especially after the Cold War, no one would have believed that States would unite in order to hold perpetrators who are responsible for the commitment of the most serious crimes of concern accountable and thus, end impunity for such crimes. Nevertheless, the analysis of the twin-pillar system has demonstrated that State Members to the Statute, although their subjection under the jurisdiction of the ICC, agreed theoretically to a strong judicial mechanism which they practically are not willing to implement to the required extent; this results in an unequal pillar system.


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Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  • Sarah Babaian
    • 1
  1. 1.Faculty of LawUniversity of HamburgHamburgGermany

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