Gregory S. McNeal: Commentary at the intersection of law, policy, and culture.

National Security and the International Criminal Court

— Posted under Blog, Law, Policy on July 21, 2009

In the most recent issue of the ABA National Security Law Report edited by yours truly, we feature three contributions about the International Criminal Court.   

In a colloquy entitled Enforcing ICC Arrest Warrants Keith Petty (Captain, U.S. Army JAG Corps) and Tung Yin (Professor of Law, University of Iowa) debate the effectiveness of the ICC as a national security institution in light of the arrest warrant for Sudanese President Omar Bashir. Captain Petty contends that while enforcement through the ICC is difficult, armed force is not the only effective mechanism to apprehend heads of State suspected of crimes within the jurisdiction of the Court. Professor Yin counters by noting that the ICC suffers from an inability to pursue international criminals, a case he demonstrates with evidence drawn from the U.S. experience in Iraq, World War II, the Balkans, and Rwanda.

Also, in National Security and the International Criminal Court, Jason Dominguez-Meyer (Assistant Professor of Law, Thurgood Marshall School of Law) outlines the potential costs and benefits associated with the U.S. joining the ICC.

Check out the whole issue here. 

Cross posted at AIDPBlog.org

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