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The Clinton administration was an early supporter of a permanent court to try individuals accused of war crimes, crimes against humanity, & genocide. When control over the court's agenda was not assigned to the UN Security Council, the U.S. position changed from support to opposition. Now that the International Criminal Court has been created, it stands as a continuing example of the unilateralism that critics say characterizes US. foreign policy. In light of the broad international support for the court, continuing U.S. opposition to it raises questions about the United States' commitment to the rule of international law.

"The chapter provides an overview of the EU's policy towards the International Criminal Court (ICC). Also, the EU's policy and support towards the ICC will be compared and contrasted to that of the USA. Given that the Bush administration was severely against the ICC, the author argues that the EU has engaged in 'normative binding' in its global campaign for the ratification of the Roman Statute. An international system based on restrictive norms is significant for the EU in order to be able to increase its power. Since it cannot compete with the US on military terms the ICC provides the EU with a framework to oppose unilateralist US policies. Involving the US into this 'normative binding' may increase the EU's soft power and thus its promotion of international legal institutions has implications for the international system." (author's abstract)

Moral & legal reasons for opposing the use of ad hoc international tribunals to try suspected war criminals are questioned. The question of whether war crimes trials would violate the formal & substantive guarantees of legal equality is considered; it is revealed that war crimes trials will demonstrate some selectivity but that such arbitrariness will not exceed that found in municipal courts. It is stated that war crimes trials achieve ethical & legal legitimacy by incapacitating convicted offenders & deterring individuals from committing future war atrocities. Although it is agreed that certain punishments do not completely deter criminals from committing municipal or war crimes, it is maintained that punishment does reduce such individuals' criminal activities. The popular position that war crimes trials should be held in the offenders' home nations is rejected; rather, noting the rise of nonstate jurisdictions, it is claimed that a permanent international court must be established to prosecute suspected war criminals. J. W. Parker

Rather than use ad hoc international tribunals or permanent international courts to conduct prosecutions against people accused of committing war crimes, it is contended that such trials should take place within the legal systems of the nations in which such individuals possess citizenship. It is contended that most countries would demonstrate strong resistance to handing over suspected war criminals to international tribunals or courts. Rather than identify single individuals as responsible for committing war crimes, it is suggested that offending nations must be held collectively responsible for war atrocities perpetrated by its citizens. Consequently, it is maintained that permitting offending nations to hold such proceedings would allow offending countries to maintain sovereignty & force them to reconcile relations with victimized groups by acknowledging their collective responsibility for war crimes. Moreover, it is claimed that the proposed alternative would sidestep offending nations' frequent disapprobation of decisions passed down from international tribunals & courts. J. W. Parker

Investigates some obstacles prosecutors face in obtaining convictions in cases involving violations of legislation regarding the nonproliferation of weapons of mass destruction (WMDs). Problems related to (1) averting the use of WMDs; (2) the dual-use, civil-military nature of biological, chemical, & nuclear technologies; (3) export controls on "strategic" goods & technologies; (4) the reshipment of such goods & technologies; & (5) jurisdictional issues. Illustrative examples are offered of cases that have or are due to come to trial in international courts in The Hague, Netherlands. K. Hyatt Stewart

The extent to which justice principles underlying the decision in the Nuremberg war crimes trial have been applied in subsequent war crimes prosecutions is studied. After critiquing realist positions on US military intervention in foreign nations, it is claimed that regionalism & globalization processes have damaged the feasibility of holding all state leaders accountable for criminal activity undertaken during times of war. It is argued that the notion of rendering state leaders individually accountable for war crimes essentially challenges the notion of state sovereignty; in addition, the issue of whether the Nuremberg guidelines should have been applied to US leaders immediately following the Vietnam War is considered. Several factors responsible for the re-surfacing of support for the use of Nuremberg tribunals during the 1990s are identified, resulting in the assertion that such an international court would be geopolitically convenient for trying war crimes. The pressures that global civil society have placed on international organizations to develop an international criminal court & the implications of a Spanish criminal court's attempt to extradite A. Pinochet, in 1998, for war crimes for the perpetuation of the Nuremberg philosophy are also considered. Future prospects for holding state leaders accountable for wartime criminal behavior are contemplated. J. W. Parker

Transitional justice is argued to become less important as national courts assume international jurisdiction. The indicators of emotion's causal role in shaping transitional justice are explored in transitions to democracy & the decay of retributive emotions. Five emotions are asserted to map into legal & administrative reactions that contrast with reasons for interest based preferences in transitional justice. The dilemmas of transmutation of one motivation into another are asserted to be resolved in new democracies. The formation of preferences that generate a demand for or resistance to transitional justice are linked to the location of the agents in the autocratic political system that preceded the transition. Future transitional justice will be shaped by international institutions as national institutions & the preferences of domestic actors become less decisive. References. J. Harwell

What legal rights do detainees in the George W. Bush administration's war on terrorism have? Does the executive branch have the authority to hold terror suspects without providing them access to the courts? The status of detainees pits those who stress wartime national security requirements against civil libertarians who claim such detention violates the U.S. commitment to the rule of international law & the Constitution.

Is the European Union (EU) a state, an international organ, or a new example of "postsovereign" power & administration? An attempt to determine the EU's role is made through examination of community law for its relation to European integration. The community legal system, including recent adaptations & cases, is reviewed. There is exploration of legal pluralism & the development of the relationship between community law & the European Court of Justice (ECJ), along with the roles of member state administrators, institutions, European law, community law, enlargement, & social context. The ECJ's position regarding sexual equality is viewed. Consideration of community law & regulatory order are heightened by citation of the Cassis de Dijon case of 1979. Debate over the EU's role regarding maintenance of order & security is elucidated. Development of the Justice & Home Affairs branch of the EU is detailed, considering its jurisdiction, policies, conflicts, & potential. 18 References. M. C. Leary

Article 3b of the European Community (EC) Treaty stipulates that the EC should act only where it can better achieve an objective than could individual member states, but an authoritative interpretation on this concept of subsidiarity has yet to be rendered by the EC Court of Justice (ECJ). After investigating how subsidiarity is dealt with in the Maastricht Treaty & by various EC institutions, the possible role of the ECJ in interpreting subsidiarity is explored. In addition, a liberal interpretation of Article 3b receives a tentative answer. M. Maguire

An examination of the role of lamb & rice in the 14th-century decline of the Mongol Empire draws upon two cookbooks: Yinshan Zhengyao (1330), by Chinese nutritionist Hu Shui; & centenarian Jia Ming's book on the secrets of his long life (around 1400). The rise of the Mongols & their takeover of China are described, along with the nature of Mongol governance & their love of luxury & feasting. Shui's book, an attack on overindulgence, contains very few Mongol recipes. Most of the recipes include lamb, the standard meat of Eastern & Central Asia, while pork, the main choice in China proper, is only included in one recipe. It is contended that the international scope of the book was an attempt to make the Chinese court a world court. Ming's book, published after the decline of the Mongol Empire, represents changes that were sweeping across the entire Old World by highlighting rice & paying little attention to lamb. Ways in which cookbooks demonstrate both core-periphery shifts & changes in Empire are discussed. References. J. Lindroth

"This paper first examines the role of the International Criminal Tribunal for Rwanda (ICTR) and Gacaca Courts in national reconciliation in Rwanda. Second, the paper applies the discussion in the Cambodia context and argues that like the ICTR, the proposed criminal tribunal for Cambodia is insufficient for reconciliation. If reconciliation is to sustain, a Cambodian Truth Commission has to set up to be utilised in conjunction with the tribunal. Restorative and transformative justice initiatives are effective at demolishing complicity and can play a valuable part in the reconciliation process. But this paper runs counter to the international legal community's embrace of the punitive criminal justice model as the preferred and often exclusive way to deal with perpetrators of genocidal violence and crime against humanity." (author's abstract)

Examines the political strategies that have led to the continuing integration of the European Union (EU) during the 1980s & 1990s. A prerequisite to these efforts is found in a series of institutional & procedural reforms -- eg, the majority voting procedure, the structure of the resource system, & the Court of Justice -- undertaken within EU institutions in the early 1980s. It is suggested that these reforms led to the passage of the Single European Act, in whose success the strategy of equivalence, the return of a majority voting procedure, & the principle of mutual interests played important roles. These successes, however, were only partly reflected in the Treaty of Maastricht, which has been plagued by a crisis of confidence in the concept of multilateralism & a resurgence of renationalization of policy making. Positive & negative assessments of the new process of complex integration in light of this climate are made. Finally, it is asserted that future integration will take the form of one of two scenarios: either a consolidation of Maastricht, or its quick & sharp revision. D. M. Smith