The Relationship between the United States and international criminal tribunals dates back to at least the First World War. Currently, there are many anti-American criticisms throughout the international legal community concerning the foreign relations policies of the United States, in particular, its position on the International Criminal Court. Written by an emerging scholar in the field of international criminal justice, this book considers over 150 years of United States policies on international criminal tribunals and the prosecution of international crimes. Relying on archival research, Harry M. Rhea demonstrates how the United States has remained consistent supporting all multinational and international criminal tribunals without supporting the International Criminal Court.
‘Is it exceptionalism, or is it just the ambivalence of a superpower? This is a fascinating account of the attitude of the United States over time to international criminal tribunals. It makes excellent use of much underutilized archive material.’
Roger S. Clark, Board of Governors Professor, Rutgers School of Law, Camden, New Jersey.
‘Meticulously documented with a focus on primary sources, Dr. Rhea's book vividly demonstrates that US policy toward international criminal tribunals has been over 150 years in the making. Its unique historic treatment renders this book essential reading for policy-makers, practitioners, and academic researchers working in the area of international criminal justice.’
Michael P. Scharf, Associate Dean for Global Legal Studies and John Deaver Drinko--Baker and Hostetler Professor of Law, Case Western Reserve University School of Law
‘Drawing upon archival sources that have not previously been studied by scholars, Dr. Rhea explores the complex and seemingly contradictory relationship of the United States and international justice. This is an important contribution to our emerging understanding of the subject.’
William Schabas, Professor of international law, Middlesex University and Professor of international criminal law and human rights, Leiden University
About the Author:
Harry M. Rhea is Assistant Professor of Criminal Justice at Florida International University. He is a former United States Marine and holds a B.A. from Rutgers University, an M.S. from Saint Joseph’s University, and a Ph.D. from the Irish Centre for Human Rights at the National University of Ireland, Galway. His research focuses specifically on United States foreign policy and international criminal justice.
Introduction (p. 1)
Chapter 1. Pre-First World War Era (p. 13)
Chapter 2. Post-First World War Era (p. 21)
Chapter 3. Interwar Era (p. 47)
Chapter 4. Post-Second World War Era (p. 53)
Chapter 5. Cold War Era (p. 91)
Chapter 6. Post Cold-War Era (p. 109)
Chapter 7. Creating the International Criminal Court: 1989 – Rome Conference (p. 153)
Chapter 8. International Criminal Court: Post-Rome Conference – 2012 (p. 181)
Chapter 9. Conclusion (p. 207)
Bibliography (p. 211)
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The time that criminal law was pre-eminently a national matter is gone. Criminal law and criminal procedure is no longer solely a product of decisions made by national legislative bodies, applied by national police, prosecutors and judges. A new criminal law is developing which goes beyond separate nations: supranational criminal law.
One example of this development is the relatively young body of law concerning war crimes, crimes against humanity and genocide. Particularly essential to this development has been the establishment of the ICTY, the ICTR and the ICC, and of many internationalised tribunals all over the world. A second example of the development towards the supranationalisation of criminal law can be seen on a more regional level. In Europe for instance, the area of criminal law has become a prioritised field of co-operation in the third pillar of the European Union. These supranational criminal systems are criminal systems sui generis.
That at least is the presupposition of this series on supranational criminal law. The Supranational Criminal Law: Capita Selecta series contributes to this discussion from a theoretical, dogmatic point of view, working towards new, consistent and fair penal systems, crossing the borders of the old law families and traditions.
The series is edited by Dr. Roelof H. Haveman (editor-in-chief - Rule of Law Advisor, embassy of the Netherlands in Mali), Dr. Paul J.A. De Hert (Free University of Brussels, Belgium and University of Tilburg, the Netherlands) and Dr. Alette Smeulers (University of Groningen, the Netherlands).
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