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Hastings Law Journal

Abstract

International criminal justice is on the verge of making a great leap forward. The 1998 Rome Treaty for an International Criminal Court [ICC], a treaty which creates a permanent international criminal court empowered to prosecute individuals accused of genocide and war crimes, is expected to go into effect by the end of 2002, when many believe the necessary sixty ratifications will be achieved. Unlike the majority of her allies, the United States is adamantly opposed to the ICC. In fact, Congress has passed legislation aimed at reducing the effectiveness of the ICC because the ICC is believed by the United States government to be a flawed international treaty. This Note argues that the ICC treaty is not flawed. Rather, ad hoc international criminal tribunals such as the International Criminal Tribunal for the Former Yugoslavia [ICTY], can be seen as legally and politically illegitimate. This Note argues that it is not the ICC, but United States foreign policy towards international criminal forums that is flawed.

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