Getting to Peace by Reconciling Notions of Justice: The Importance of Considering Discrepancies between Civil and Common Legal Systems in the Formation of the International Criminal Court
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NOTIONS OF JUSTICE: THE
IMPORTANCE OF CONSIDERING
DISCREPANCIES BETWEEN CIVIL AND
COMMON LEGAL SYSTEMS IN THE
FORMATION OF THE INTERNATIONAL
CRIMINAL COURT
Robert Christensen'.
On July 17, 1998, delegates to the United lations Diplomatic
Conference of Plenipotentiaries on the Establishment of an Interna-
tional Criminal Court in Rome overwhelningly and authoritatively
voiced their support for the creation of an International Criminal
Court.... : The Rome Statute of the International Criminal Court
potentially allows the International Crindnal Court to 'investigatlej
and prosecut[e] crimes such as genocide, crimes against humanity.
and war crimes.
While such investigation and prosecution may be desirable, there
are reasons to proceed with caution when considering the establish-
ment of a pernanent international criminal tribunal. Of particular
concern are the problems that may arise as civil and common law
traditions meet in an international tribunal with no track record
for preserving values dearly held in the respective legal traditions.
Although some countries are sensitive to the varying legal tradi-
tions, this article exhorts countries considering ratification of the
Rome Statute and establishment of the ICC to lend ear to potential
Robert Christensen is a Research Associate for the Institute for the Study of Goerint
and the Nonprofit Sector. Mr. Christensen is a Ph.D. Candidate 120051 in the School of Pubhc L J
Environmental Affairs at Indiana University. He receihed his J.D. in 2000 from the J. Reuben Cla:1
Law School, Brigham Young University, and his M.P.A. in 2000 from the George W. R,1 ney
Institute of Public Management, Brigham Young Uni ersity.
** Scott W. Andreasen, Note, The Intenzational Criminal Court: Does the Constitution Pre-
chde Its Ratification by the United States?, 85 Iowa L. Rev. 697, 693 12000).
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