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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?