The political winds are changing, and a more liberal United States government may very well be receptive to ratification of the Rome Statute of the International Criminal Court. The nature and scope of international law are also changing. Individuals are sharing responsibility with states for grave breaches of international law, and globalization has resulted in a marked increase in international tribunals deciding disputes affecting individual interests. Despite these trends, Americans have been wary of the International Criminal Court (ICC).
Federal courts principles borrowed from the legal process school can and should be implemented to govern relations between ICC and domestic courts, for there is much to be gained from an international criminal court with the power to deter and punish those who commit the most severe crimes. In addition, a positive interaction between the ICC and the U.S. will contribute to what philosopher Emmanuel Kant named “the federalism of free nations,” which is a “decentralized system of cooperative relations among nations that, where possible, advances goals of democracy and respect for individual rights.”
- interantional criminal court,
- legal process,
- federal courts
Available at: http://works.bepress.com/lauren_redman/2/