Hastings Constitutional Law Quarterly


In 1998, the United Nations finalized an International Criminal Court statute. The purpose of this statute was to create an international tribunal, through which the international community could investigate and, if required, prosecute crimes of genocide, war crimes, and crimes against humanity. An overwhelming majority of the United Nations delegates signed the statute, with a promise to bring the document back to their countries for ratification. The United States was one of only seven states to oppose the statute because, it claimed, it contained insufficient safeguards in light of the rights granted by the United States Constitution. This Note addresses these concerns and argues that the statute comports with the Constitution. This Note also advocates that the United States sign and ratify the statute, to join the global community in bringing an end to impunity for the most serious crimes of international concern.