Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 64, No. 1, Winter

High Crimes and Misconceptions: The ICC and Non-Party States
MADELINE MORRIS [*] I INTRODUCTION The Rome Treaty for an International Criminal Court ("ICC") [1] provides for the establishment of an international court with jurisdiction over genocide, war crimes, and crimes against humanity. [2] Those...
International Criminal Law after Rome: Concerns from a U.S. Military Perspective
WILLIAM K. LIETZAU [*] I INTRODUCTION On July 17, 1998, a United Nations Convention room in Rome filled with cheers as the text for the Statute to Establish an International Criminal Court (the "ICC") was adopted by a vote of 120 to seven,...
The ICC's Jurisdiction over the Nationals of Non-Party States: A Critique of the U.S. Position
MICHAEL P. SCHARF [.] I INTRODUCTION On August 20, 1998, the United States launched an airstrike against the Al Shiffa pharmaceutical plant in Sudan, which U.S. officials claimed was a chemical weapons facility operated by Osama bin Laden,...
The International Criminal Court: Current Issues and Perspectives
PHILIPPE KIRSCH, Q.C. [*] I INTRODUCTION The creation of a permanent international criminal court has been seen as a desirable objective for a long time. Although the issue was actively considered soon after World War II, historical circumstances,...
The International Criminal Court: Issues for Consideration by the United States Senate
PATRICIA MCNERNEY [*] I INTRODUCTION Staff in the Senate like to joke that there are one hundred Secretaries of State, so I start by noting that my comments do not presume to be on behalf of any particular senator. Rather, this comment will...
The International Criminal Court: Possibilities for Prosecutorial Abuse
ALFRED P. RUBIN [*] I INTRODUCTION So many problems are present in setting up an international criminal court consistent with the current international legal, moral, and political orders, that one must at least admire the intensity and dedication...
The Irresolution of Rome
RUTH WEDGWOOD [*] I INTRODUCTION--THE U.S. SIGNATURE AND ITS AFTERMATH President Clinton's signature of the Rome treaty in the twilight of his Administration has punctuated the long impasse over American participation in the International...
The Risks and Weaknesses of the International Criminal Court from America's Perspective
JOHN R. BOLTON [*] In the aftermaths of both World War I and World War II, the United States engaged in significant domestic political debates over its proper place in the world. President Wilson's brainchild, the League of Nations, was the centerpiece...
Toward U.S. Acceptance of the International Criminal Court
BRUCE BROOMHALL [*] I INTRODUCTION Since the Rome Diplomatic Conference was concluded in July 1998 with the adoption of the Rome Statute of the International Criminal Court (the "ICC"), [1] the United States has been seeking accommodation...