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45 Case W. Res. J. Int'l L. 579 (2012-2013)
Somebody Else's Problem: How the United States and Canada Violate International Law and Fail to Ensure the Prosecution of War Criminals

handle is hein.journals/cwrint45 and id is 587 raw text is: CASE WESTERN RESERVE JOURNAL OF INTERNATIONAL LAw - VOL. 45. 2012 SOMEBODY ELSE'S PROBLEM: How THE UNITED STATES AND CANADA VIOLATE INTERNATIONAL LAW AND FAIL TO ENSURE THE PROSECUTION OF WAR CRIMINALS Nicholas P. Weiss* The United States and Canada have created programs to ensure that they will not be havens for war criminals and human rights violators. This, however, fails to meet their international legal obligation to ensure that suspected war criminals and human rights violators will be prosecuted for their crimes. This Note analyzes and compares the war crimes prosecution policies of Canada and the United States. It concludes that both countries take inadequate measures to ensure war criminals are prosecuted for their crimes, and thus, these countries are failing to meet their international obligations. This Note recommends both countries implement statutes to ensure suspected war criminals are prosecuted, forcing Canada and the United States to conform to their international obligations. CONTENTS I. INTRODUCTION ................................................. 580 II. CANADA DOES NOT ENSURE THE PROSECUTION OF WAR CRIMES AND CRIMES AGAINST HUMANITY .............. ................583 A. Canada's Jurisdiction.................... ..... .......584 B. Canada's History of Investigation and Prosecution of War Crimes and Crimes Against Humanity ................... ......585 C. Canada's Preference for Removal of War. Crimes Suspects..............587 III. THE UNITED STATES DOES NOT ENSURE THE PROSECUTION OF WAR CRIMES AND CRIMES AGAINST HUMANITY ............ .....590 A. United States' Jurisdiction............ ...................590 B. The United States' History of Investigation and Prosecution of War Crimes and Crimes Against Humanity.....................591 C. The United States' Preference for Using Immigration Law Against War Crimes Suspects ...................... .............593 * Senior Editor, Case Western Reserve Journal of International Laur, B.A., The College of Wooster (2009); J.D., Case Western Reserve University School of Law (expected 2013). Thanks to my advisor, Professor Michael Scharf and the staff of the Journal of International Law, especially Helena Traner and Adam Centner, for making this Note possible. 579

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