The rise of international criminal justice is foremost a reaction of the international community upon the calamities of state failure. Often, the committing of macro crimes due to state failure can only be solved through intervention by the international community, i.e. the United Nations and its security council. The primary aim of such an intervention is a restoration of justice and responsibility. However, the failure of sovereignty does not only show in the committing of atrocities, one of the most important conditions for such crimes to occur is the failure or the complete lack of an independent judiciary. Because of that, international criminal law has to solve three main problems: it has to judge upon past instances of state crime and other forms of macro crime; in order to do so, it has to relentlessly develop and adopt its own norms; at the same time, it has to aid states on the ground to built their own independent judiciary and thus empower these states to gain the ability of solving such instances on their own. One important aspect of this autonomous handling of state crime by respective societies is prevention of future crimes. By pursuing these different aims, internationalized criminal courts on one hand insist upon the fact, that norms governing state crimes are long standing and independent of state legislature, but on the other hand, they even use case law to further develop and adapt legal norms in order to sentence concrete criminal behavior. This paradox can be solved, when we utilize the notions of human rights protection and governmentality in the context of a modern state.