Human Rights Minor Julian Bava, ’18, co-authored, “The American Service-Members' Protection Act: Pathways to and Constraints on U.S. Cooperation with the International Criminal Court” in Eyes on the ICC.
This publication originated as a final project for Stanford LAW 414E (Policy Practicum: Legal and Policy Tools for Preventing Atrocities), taught by Handa Center Faculty Fellow Beth Van Schaack. Professor Van Schaack's invaluable guidance, informed by her experiences in policy and academia, were key to this article's delicate navigation of the intersection between domestic and international law.
The article, co-authored with Kiel Ireland, argues that US law does not completely foreclose the American government's ability to support prosecutions at the ICC. An analysis of ASPA's text and legislative history reveals multiple avenues by which Congress or the President may legally assist the ICC's work. The US may provide various forms of monetary or in-kind assistance so long as it is sent on a case-by-case basis in support of prosecutions of foreign nationals for genocide, war crimes, or crimes against humanity.