Criminal Law

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Essay, May/June 2011
David Kaye

A decade on, the ICC is still trying to find its footing, thanks partly from the chief prosecutor’s poor management and excessive ambition. The election to replace him is a chance to reboot.

Snapshot,
Tod Lindberg

The idea of holding national leaders to account for waging wars of aggression has moral appeal and historical pedigree. But whether the International Criminal Court can try such cases is a thornier issue.

Essay, Jul/Aug 2010
Robert C. Bonner

Mexico is currently suffering from the same sort of drug-related violence that plagued Colombia during the 1980s. Mexico and the United States can learn a great deal from Colombia's example, including that they must build law enforcement capacity and not rely solely on military force.

Essay, Mar/Apr 2002
Jonathan D. Tepperman

Truth commissions have become a favorite way for new democracies to exorcise the demons in their past. As their popularity has spread, however, so has the controversy. Are these commissions truly the best way to achieve justice in transitional societies -- or just a dodge that dictators use to escape accountability?

Response, Sep/Oct 2001
Kenneth Roth

Henry Kissinger's criticisms of universal jurisdiction are misplaced and overblown. His alternative to a global "tyranny of judges" would mean impunity for the real tyrants.

Essay, Jul/Aug 2001
Henry A. Kissinger

The passions aroused by the attempt to extradite Augusto Pinochet highlight the many unresolved issues in the movement to enforce global justice. Widespread agreement that human rights violations and crimes against humanity must be prosecuted has hindered active consideration of the proper role of international courts. Universal jurisdiction risks creating universal tyranny -- that of judges.

Essay, Sep/Oct 2000
Anne-Marie Slaughter and David Bosco

The ever more litigious nature of American society is starting to affect an unexpected area: foreign policy. Increasing numbers of individuals, both American and foreign, are now using U.S. courts to defend their rights under international law in ways impossible just a few years ago. The plaintiffs range from Holocaust survivors to terrorist victims to the inhabitants of tropical rain forests; the defendants include multinational corporations, foreign officials, and even governments. On the one hand, the trend is bringing to justice many long thought unaccountable. On the other, it is making the tricky process of American diplomacy harder than ever.

Review Essay, Jan/Feb 1999
John R. Bolton

Aryeh Neier wants to try the planet's war criminals under international law. Martha Minow, rightly, is less keen. International law leads logically to world government.

Comment, Nov/Dec 1998
Ruth Wedgwood

U.S. negotiators at the International Criminal Court conference in Italy missed their chance. Washington cannot accept the court as is. Now what?

Comment, Sep/Oct 1998
John Brademas and Fritz Heimann

Corruption does no one any favors. After long pretending that graft was a necessary evil -- or just plain necessary -- governments rich and poor are trying to stamp it out.

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