Introduction

This special issue of the Fordham International Law Journal contains seven outstanding articles by jurists from seven countries on three continents. The articles have a common thread in highlighting the necessity for respect of human rights and the human dignity that they are designed to protect. They also demonstrate the significant advances made since the end of World War II of international human rights law. In an age of terrorism there is an inevitable tension between measures designed to protect the lives of innocent civilians and their fundamental civil liberties

Introduction

Given the violence in Darfur and the ensuing international reaction, the Fordham International Law Journal decided to publish a special issue on Darfur. It is timely in light of the continuing violence in the Darfur region. This article serves as the Introduction to the special issue

US Antagonism Toward the International Rule of Law: The View of a Concerned “Outsider”

Modern technology contracts the world, and as borders become more porous, an international rule of law becomes more crucial. The United States quickly and adroitly put together an international coalition to fight terrorism. In doing so, it recognized the inability of even the most powerful nations to fight this scourge alone. We need to make international policing more efficient—the transfer of evidence across borders, extradition laws, prosecuting money laundering, to mention some of the obvious areas of international policing. An international rule of law must surely reflect the values for which this country has always fought—fairness, justice and, most importantly, the recognition and protection of human dignity

International Jurisdiction and Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture

The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national and international courts can exercise international jurisdiction simultaneously and harmoniously. First, I will discuss the position of domestic courts. Then I will turn my focus on to international courts

World Peace Through Justice Award Lecture

I am optimistic that even if the United States fails in the coming years to ratify the Rome Treaty, it will increasingly offer its support for prosecutions launched by the ICC that are consistent with Washington’s foreign policy. Then, there is the role of civil society in this and other democracies. The media, human rights organizations, and the faculty and students of so many universities have successfully pressured political leaders to take action in support of victims of atrocious crimes. It was, after all, public concern and pressure that led the United States and some of the European democracies to push the Security Council to establish the two ad hoc criminal tribunals for the former Yugoslavia and Rwanda. This realization should spur further demands for positive support of the ICC. This Law School has been at the forefront of those efforts, and I know that it will continue to stay there. It is in this context that I am so proud to accept this award. Wash