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Copyright (c) 2003 Trustees of Indiana University
Indiana International & Comparative Law Review

THE INTERNATIONAL CRIMINAL COURT: BETTER THAN NUREMBERG?

2003

14 Ind. Int'l & Comp. L. Rev. 279

Author

Tonya J. Boller *

Excerpt



I. Introduction

If certain acts in violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would be unwilling to have invoked against us.-Justice Robert Jackson, Chief U.S. Prosecutor at Nuremberg. 1



Justice Jackson's promise seems empty during the first days of the now permanent International Criminal Court (ICC). 2 The United States, while participating in prosecuting other countries for atrocities listed as crimes in the Rome Statute, 3 is reluctant to accept the ICC as a valid extension of law over Americans. 4 However, fifty-six years ago, the United States was instrumental in establishing the International Military Tribunal to prosecute war criminals in Nuremberg. 5 Nuremberg was "the first trial in history for crimes against the peace of the world." 6 Following the Nuremberg trials, the United Nations General Assembly 7 began discussions in an effort to establish a permanent international criminal court to deal with such atrocities in an international forum. 8 Many years and many more atrocities later, the International Criminal Court is the culmination of those efforts. 9



This Note will review the legal problems with the Nuremberg trials to discover whether those problems are rectified through the International Criminal Court. The Note is broken into two parts; Part One will focus on the ICC, while Part Two will focus on Nuremberg. Part One, ...
 
 
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