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53 N.Y.U. J. Int'l L. & Pol. 229 (2020-2021)
Holding the Catholic Church Responsible on an International Level: The Feasibility of Taking High-Ranking Officials to the International Criminal Court

handle is hein.journals/nyuilp53 and id is 233 raw text is: HOLDING THE CATHOLIC CHURCH RESPONSIBLE
ON AN INTERNATIONAL LEVEL: THE
FEASIBILITY OF TAKING HIGH-RANKING
OFFICIALS TO THE INTERNATIONAL
CRIMINAL COURT
HEATHER MCADAMS*
I.  INTRODUCTION   .................................. .. 230
II. WHY THE ICC Is AN APPROPRIATE FORUM TO
ADDRESS THE ABUSE COVERUP ................... ..236
III. SNAP V. THE POPE, ET AL........................ ...239
IV. REQUIREMENTS OF ICC JURISDICTION AND THE
CATHOLIC CHURCH ABUSE COVERUP ............. ..242
A.  Referral to the ICC  ...........................  243
B. Subject-Matter Jurisdiction..................... 245
1. Responsibility of Individuals Before the ICC. 246
2. Crimes Against Humanity ................. 247
C. Temporal Jurisdiction ......................... 252
D. Territorial or Personal Jurisdiction ............. 255
V. OTHER ISSUES WITH AN ICC INVESTIGATION ...... 257
A. Admissibility Requirements..................... 258
1.  Complementarity..........................   258
2. Gravity and Interests of Justice............. 260
B.  Surrender....................................   261
C. Willingness to Pursue......................... 262
VI.  CONCLUSION   ....................................   264
In 2002, U.S. reporters shocked the world with the revelation that the
Catholic Church had spent decades systematically hiding widespread sexual
* J.D., New York University School of Law, 2020; Honors B.A. with Dis-
tinction, University of Delaware, 2017. I would like to thank Professor Robert
Howse for his guidance in conceptualizing and developing this note. I also
thank the Salzburg Cutler Fellows Program and its Program Directors for
providing me with the opportunity to workshop this note. Specifically, I am
grateful to Professor Claudia Flores and Professor Saira Mohamed for their
thoughtful and detailed feedback as Salzburg Cutler Program faculty repre-
sentatives, and to my fellow 2020 Salzburg Cutler Fellows who similarly of-
fered insightful comments and suggestions. Above all, I am grateful to the
editors of the N.Y. U. Journal of International Law & Politics for their thorough
recommendations and diligent edits.
229

Imaged with Permission of N.Y.U. Journal of International Law and Politics

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