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.)


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