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.