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3 Chi.-Kent J. Int'l & Comp. L. 1 (2003)

handle is hein.journals/chkjicl3 and id is 1 raw text is: THE FUTURE CONSTITUTIONAL BATTLE IF THE UNITED STATES RATIFIES THE INTERNATIONAL CRIMINAL COURT TREATY Submitted By: Lieutenant Brett W. Johnson, JAGC, USNR Brett W. Johnson is a Lieutenant in the United States Judge Advocate General's Corps, currently stationed in the Kingdom of Spain. Lieutenant Johnson earned his law degree from Santa Clara University School of Law in 1999 and his Masters of Law in International Law from the University of San Diego School of Law in 2001. LT Johnson is currently a student at the Naval War College. Lieutenant Johnson would like to thank Captain Erick Armstrong, Lieutenant Kenneth Ian, Lieutenant Heather Lash, Ms. Amy Roemer, and Mr. Thomas Moritz for reviewing and editing this article. Lieutenant Johnson dedicates this article to Captain Albert A. Reynolds, who meticulously reviewed and edited this Article and is now retiring after over thirty years of service to the Navy and his country. I. INTRODUCTION For the last century, the prospect of a permanent International Criminal Court (hereinafter the ICC) to adjudicate crimes of international concern has been under consideration by the international community.' Proponents insist an ICC will provide a neutral forum necessary to 2 overcome legal barriers to bringing war criminals to justice. Clearly, there are benefits to international law by the creation of an ICC,3 but several valid concerns4 exist, including the rather monumental problem that the United States may not legally become a part of the ICC without an amendment to its Constitution. 1 Bryan F. MacPherson, Building An International Criminal Court for the 21st Century, 13 Conn. J. Int'l L. 1, 11 (Winter, 1998). 2 Kai I. Rebane, Extradition and Individual Rights: The Need for an International Criminal Court to Safeguard Individual Rights, 19 Fordham Int'l L.J. 1636, 1672 (1996); See Richard B. Bilder, An Overview of International Human Rights Law in International Law 894, 895 (Barry E. Carter & Philip R. Trimble eds., 1995). 3 Daniel B. Magraw, Report of the American Bar Association in Support of the ICC, presented to the American Bar Association Mid-Year Conference, San Diego, CA, 1 (19 February 2001). Patricia A. McKeon, An International Criminal Court: Balancing the Principle of Sovereignty Against the Demands for International Justice, 12 St. John's J. Legal Comment 535, 538 (1997); See Joel Caviccia, The Prospect for an International Criminal Court in the 1990's, 10 Dick. J. Int'l L. 223 (1992) (claiming that competing forces of sovereignty and international order have previously frustrated promulgation of a permanent International Criminal Court.) 1

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