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Series

2001

Case Western Reserve University School of Law

Non-Party States

Articles 1 - 2 of 2

Full-Text Articles in Law

The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The International Criminal Court's Jurisdiction Over The Nationals Of Non - Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non-party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States actually …


The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf Jan 2001

The Icc's Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf

Faculty Publications

This article analyzes the validity of the U.S. argument against the ICC's jurisdiction over the nationals of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of non- party states, but the U.S. government's legal argument, which rests on shaky foundations. The article also highlights the potential unintended repercussions of the current U.S. legal position. This analysis could have a substantial bearing on the approach the United States takes to the Rome Statute, for it indicates that the United States …