Tampa Prep 2009-2010 Impact Defense File
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- Ext 4 – Domestic Law Better
Ext #1 – ILaw FailsInternational law is too weak to prevent conflict AEI 5 (American enterprise inst, april, book review, inst for public policy research, “The Limits of International Law” Jack L. Goldsmith and Eric A. Posner, As the twentieth century ended, optimism about international law was as high as it had ever been—as high as it was at the end of World War I and World War II, for example. We can conveniently use 9/11 as the date on which this optimism ended, but there were undercurrents of pessimism even earlier. The UN played a relatively minor role in bringing the conflicts in the Balkans to the end. Members of the Security Council could not agree on the use of force in Kosovo, and the NATO intervention was thus a violation of international law. The various international criminal tribunals turned out to be cumbersome and expensive institutions, they brought relatively few people to justice, and they stirred up the ethnic tensions they were meant to quell. Aggressive international trade integration produced a violent backlash in many countries. Treaty mechanisms seemed too weak to solve the most serious global problems, including environmental degradation and human rights abuses. Ilaw fails - International Criminal Court proves Schaefer and Groves 10 [Brett D. Schaefer is Jay Kingham Fellow in International Regulatory Affairs at the Heritage foundation andSteven Groves is Bernard and Barbara Lomas Fellow at The Heritage Foundation. 5/28/10. "The ICC Review Conference: A Threat to U.S. Interests" http://www.heritage.org/Research/Reports/2010/05/The-ICC-Review-Conference-A-Threat-to-US-Interests] Performance. Although the court’s proponents claim that the ICC has achieved significant success in its first eight years, scant evidence supports this claim. An honest stocktaking would conclude that the ICC as an institution has performed little, if any, better than the ad hoc tribunals that it was created to replace. Like the Rwandan and Yugoslavian tribunals, the ICC is slow to act. The ICC prosecutor took six months to open an investigation in Uganda (referred to the ICC by the Ugandan government in 2004), two months in the Democratic Republic of the Congo (referred by the Congolese government in 2004), over a year in Darfur (referred by the Security Council in 2005), and nearly two years in the Central African Republic (referred by the national government in 2005). The ICC prosecutor began a preliminary examination in early 2008 of alleged crimes committed in Kenya. The prosecutor opened an official investigation in March 2010. The ICC has issued 14 warrants related to these cases, but it has yet to conclude a full trial cycle nearly eight years after being created. This is notable because one argument for establishing the ICC was that it would be faster and more effective than ad hoc tribunals, such as the tribunals for Yugoslavia and Rwanda. Deterrence. Moreover, like the ad hoc tribunals, the ICC can investigate and prosecute crimes only after the fact. The alleged deterrent effect of a standing international criminal court has not ended atrocities in the Democratic Republic of the Congo or Darfur, where cases are ongoing. Fear of ICC prosecution has not deterred despotic regimes from committing crimes against their own peoples. The ICC did not deter Russia from its 2008 invasion of Georgia, an ICC party. Nor has ICC party Venezuela stopped supporting leftist guerillas in Colombia. Peace and Justice. The ICC’s contributions to peace and justice are also very much in question. ICC decisions to pursue investigations and indictments can, and arguably already have, upset delicate diplomatic situations. For instance, the ICC decision to indict and issue an arrest warrant for Sudanese President Omar al-Bashir[12] for his involvement in crimes committed in Darfur arguably has only further entrenched his determination to punish those opposed to his regime in Darfur on the basis that he has little to lose. The desire to see Bashir face justice for his complicity in the crimes committed in Darfur is understandable and should not be abandoned. However, the ICC’s efforts to bring Bashir to justice prior to resolving the ongoing conflict may be counterproductive, ultimately leading to more suffering. Enforcement. A related issue is the ICC’s inability to enforce its own rulings. It entirely depends on the cooperation of governments to arrest and transfer perpetrators to the court. This flaw was also present with the ICTY and the ICTR, although they could at least rely on a Security Council resolution mandating international cooperation in enforcing their arrest warrants. In contrast, the Nuremburg and Tokyo tribunals could rely on Allied occupation forces to search out, arrest, and detain the accused. This “jurisdiction without enforcement” flaw lies at the heart of the Rome Statute and cannot be cured by an amendment. No change to the Rome Statute would give the ICC enforcement power, which requires the ability and willingness to use force. Even if the court could be invested with such power—a dubious prospect—governments would likely wisely refuse to give a largely unaccountable judicial body the power and resources to enforce its decisions. Ext #4 – Domestic Law BetterUS law is a better model—key to peace McGinnis 6 – Professor of Law at Northwestern and former deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice (John O., Harvard Journal of Law & Public Policy, “The Comparative Disadvantage of Customary International Law”) Even in activities where there are spillovers, such as law on the use of force, American law is probably better than international law. The United States is the world’s great power, some‐ times called the global hegemon in international relations theory.26 It stands to gain the lion’s share of resources from the peace and prosperity of the world. Its political process has incentives to provide laws that contribute to peace and prosperity, such as appropriate use of force. Moreover, as a hegemon composed of immigrants who remain concerned about the welfare of their former nations, America affords citizens from all over the world some virtual representation in its political process. These guarantees of beneficence for foreigners are surely imperfect, but they seem better than those provided by customary international law. Thus, by insisting that United States courts follow American law and not raw international law, Americans serve both themselves and others around the globe. America helps the world most by remaining true to her own democratic genius. Directory: files -> documents documents -> North Mankato Taylor Library documents -> In the Red and Brown Water documents -> - documents -> I. Disaster Summary Sheet II. 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