Vanderbilt Journal of Transnational Law

First Page



In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical concerns related to the court's composition, structure, and procedure. Although an international criminal court admittedly will not be a perfect solution, the authors argue that it must not be approached with a negative attitude, but rather with a view towards making more effective the benefits such a court will provide. The recent Lybian question is a case pointing to the benefits of this court.