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The International Criminal Court: An Informal Overview.

International criminal law has been around for a long time. However, before the mid-twentieth century, international criminal law was basically a branch of national laws administered by national courts. For example, piracy was viewed as an international crime, yet enforcement of this crime, committed on the high seas beyond their national borders, required that nation states give extraterritorial jurisdiction to their domestic criminal courts.1 National courts around the world had to determine the jurisdictional basis for extraterritorial prosecutions before them. The subject matter jurisdiction for prosecutions of piracy on the high seas became known as the universality principle— that is, certain crimes against humanity may be so universal that all civilized nations have jurisdiction to punish them regardless of where they were committed.2 The number of international crimes for which universal jurisdiction is recognized by at least some states has expanded over time to include war crimes, crimes against humanity, genocide, and torture.3 This expansion is not solely because of practices among nations, but also because of the increased use of international treaties and conventions. In addition, national courts have expanded their jurisdiction to crimes committed outside the territories of their states by other jurisdictional enhancers such as nationality, passive personality, and national protective jurisdiction.4 However, to this point, international law remained a matter of national law and national courts. There was still no model for international courts applying international criminal laws. With the twentieth century this began to change. The Treaty of Versailles in 1919 ending World War I would have created an international tribunal to try the German Kaiser and others, but the United States did not support this tribunal and Germany was permitted to try the accused war criminals in domestic courts.5 The first international criminal court was created August