1999•Leiden Journal of International LawOpen access

The Statute for an International Criminal Court and the United States: Peace Without Justice?

Marten C. Zwanenburg

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Abstract

The adoption of the Statute of an International Criminal Court in July 1998 is widely regarded as a major step forward in international criminal law. The United States, however, does not share this point of view in all respects. It particularly fears that the Statute will allow prosecution of American peacekeepers for political instead of legal reasons. This article examines the provisions of the Statute in the light of that fear. It concludes that not only is such a fear unjustified, the United States position may have disastrous consequences for efforts in peacekeeping.

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The adoption of the Statute of an International Criminal Court in July 1998 is widely regarded as a major step forward in international criminal law. The United States, however, does not share this point of view in all respects. It particularly fears that the Statute will allow prosecution of American peacekeepers for political instead of legal reasons. This article examines the provisions of the Statute in the light of that fear. It concludes that not only is such a fear unjustified, the United States position may have disastrous consequences for efforts in peacekeeping.

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Available abstract

The adoption of the Statute of an International Criminal Court in July 1998 is widely regarded as a major step forward in international criminal law. The United States, however, does not share this point of view in all respects. It particularly fears that the Statute will allow prosecution of American peacekeepers for political instead of legal reasons. This article examines the provisions of the Statute in the light of that fear. It concludes that not only is such a fear unjustified, the United States position may have disastrous consequences for efforts in peacekeeping.

Key concepts: Statute, Political science, Law, Statute of limitations, Peacekeeping, International law, Criminal court, Criminal justice

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