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14 Creighton Int'l & Comp. L.J. 1 (2024)

handle is hein.journals/creintcl14 and id is 1 raw text is: GLOBAL CRIMINAL JUSTICE APPLIED TO THE WAR IN UKRAINE: A LEGAL FRAMEWORK FOR U.S.-LED INTERNATIONAL AD HOC TRIBUNALS Patrick S. Trinidad * Abstract The present study focuses on U.S.-led efforts to create an ad hoc international tribunal for the War in Ukraine. The aim of this paper was to outline three main requirements that must be met for such a tribunal to be formed: U.S. legal authority, international legal authority, and Ukrainian constitutional authority. This paper explored the power of the U.S. Executive Branch in foreign affairs, legal frameworks from the Nuremberg Trials, and the Ukrainian Constitution in order to better understand how an international ad hoc tribunal can be implemented in Ukraine. As a result, it was determined that the U.S. President possesses high levels of authority regarding the creation of ad hoc tribunals; legal frameworks from the Nuremberg Trials can be applied to an international ad hoc tribunal for the War in Ukraine; and such a tribunal can be established while respecting the constitutional sovereignty of Ukraine. INTRODUCTION.........................................................................1 I. U.S. GLOBAL CRIMINAL JUSTICE IN THE 21sT CENTURY ..................... 7 II. LEGAL FOUNDATION FOR MODERN AD Hoc TRIBUNALS ...................11 III. U.S.-LED INTERNATIONALAD Hoc TRIBUNALS IN UKRAINE ................20 CONCLUSION................................. ......... .. ...... ...... ....24 INTRODUCTION The United States historically has been at the forefront of enforcing global justice since the 20h Century. In fact, the U.S. was the leader of post- WWII international tribunals such as the one found in Nuremberg.1 However, the U.S. has adopted a rather unipolar approach to global accountability in the 21St century.2 Unfortunately, the world has only grown in complexity since the 20h century, forcing the U.S. to revert from its unipolar approach to * J.D. and M.S. candidate at Creighton University School of Law (2024); M.A., The University of Texas at El Paso (2021); B.A., The University of Texas at Austin (2020). The author is responsible for any errors in this publication. For any comments, please email patrick inidad@creighton.edu or patricktrinidad@utexas.edu. 1 Joseph Brunner, American Involvement in the Nuremberg War Crimes Trial Process, 1 MICH. J. HISTORY, no. 2, 2002. 2 Charles Krauthammer, The Unipolar Moment Revisited, THE NAT'L INT. (Dec. 1, 2002), httys://nationalinterestonjarticle/the-unipolar-moment-revisited-391.

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