POL SCI 124C Chapter Notes - Chapter 2: International Law Commission, Rome Statute Of The International Criminal Court, Superior Orders
Document Summary
Clinton defended the rome treaty on the permanent icc when signing it. American inspired and debated entreprise dealing with nazi war criminals > conclusion that choosing anything other than trials would be inconsistent with liberal domestic principles (mass executions would be un-american) But the principal concern was with nazi"s imposition of war (other crimes - traditional war crimes and crimes against humanity - were preparatory to or in execution of the war and secondary priorities, esp the latter) Hence, crimes against peace (a distinctive american contribution > before war not considered unlawful or entailed individual criminal responsibility for acts of states) Now nuremberg is unimpeachable, but heavily criticized at the time. Criticism could be met by creating international court was ability to try individuals for grave violations of international law but ga reluctant to do so. Some draft statutes but limited the jurisdiction (must have jurisdiction conferred by the state before trial)