The International Criminal Court PDF
By:United States. Congress. House.
Published on 2011-09 by Books LLC
Original publisher: Washington: U.S. G.P.O.: [U.S. G.P.O., Supt. of Docs., Congressional Sales Office, distributor], 2000 [i.e. 2001]. OCLC Number: (OCoLC)46547550 Subject: Criminal jurisdiction. Excerpt: ... 11 To put it another way, would it be possible to have a permanent international tribunal or tribunals capable of pursuing serious war criminals that the United States could enthusiastically support? Mr. E. Mr. Chairman, Mr. Bolton is the expert, the AGLEBURGER lawyer, on this. I would simply say to you certainly this treaty ought to be junked, ignored, whatever the point is. I suppose care-fully drawn you could establish a treaty that would - and it would have some limitations, would have to have some limitations to it but that could at least move in the direction of being able to deal with war crimes. I think we would have to be very careful to make sure that it didn't limit our ability to act if we felt it necessary to act but I can conceive in general of such treaty. It seems to me Mr. Bolton is much more likely to be able to give you a useful answer. OLTON Mr. B. Let me take a shot at it, Mr. Chairman. I thought about this a good deal and I don't think there is a way to create an International Criminal Court designed to do what this is doing consistent with our Constitution. And the basic problem is that the Court and the prosecutor, and I want to stress again that what we have got here is not simply a bunch of people in black robes dis-pensing impartial justice. In the institution of the prosecutor the Rome Statute creates a very powerful source of executive authority and takes it and just sort of puts it out there in the international context. Under our constitutional system, we are willing to accept pros-ecutors having the enormous authority they do because ultimately they are politically accountable. The Supreme Court has said, for example, that the Attorney General is the hand of the President in fulfilling the President's constitutional oblig...
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