Implementation of International Law in the United States
Even though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and Völkerrechtsfreundlichkeit.
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action agreements American armed conflicts Article authority Avena Bush Carl Kaysen child committed concerned Cong Congress Constitution Convention Implementation Act Covenant on Civil criminal justice customary international law David Scheffer decision executed fundamental freedoms G.A. Res Genocide Convention Human Rights humanitarian intervention ICC Statute Int'l Inter-American Commission International Court International Criminal Court Iraq Johan judgment June juvenile LaGrand law of nations legislation McGoldrick Medellin military Nicaragua norms note 39 Obama obligations offences Parties Paust peace peacekeeping persons President Presidential Determination principle proclaimed prosecution Prosecutor protection provisions Punishment ratified Resolution rights and fundamental Rome Conference Rome Statute rule Scheffer Security Council self-executing Senate Stat supra note supra note 74 ternational tion treaty trial U.N. Charter U.N. Doc U.N. GAOR Supp U.S. Supreme Court UDHR United Nations universal jurisdiction VCCR Vienna Convention violation Vyver war crimes