
Despite the deeply contested nature of international criminal law (ICL), there is almost complete scholarly agreement concerning the nature and consequences of international criminalization. Almost all ICL scholars view an international crime as an act that is directly criminalized by international law itself, making domestic criminalization irrelevant. And almost all ICL scholars believe that, because international law is superior to domestic law, international criminalization imposes significant limits on states’ ability to tolerate impunity. This chapter challenges both ideas. It begins by demonstrating that positivism is incapable of establishing either direct criminalization law or the consequences that supposedly follow from it. The chapter then provides an alternative definition of an international crime – as an act that international law obligates all states to criminalize and prosecute – that not only has a stronger positivist foundation than direct criminalization, but also better explains direct criminalization’s supposed consequences.
340
340
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 1 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
