NCJ Number
182006
Journal
American Criminal Law Review Volume: 37 Issue: 1 Dated: Winter 2000 Pages: 75-102
Date Published
2000
Length
28 pages
Annotation
This article advocates granting subject-matter jurisdiction over international drug trafficking to the newly created International Criminal Court (ICC).
Abstract
The ICC would prosecute only serious drug trafficking cases of international concern, and only when individual nations are unwilling or unable to prosecute. It is crucial for the United States, as a world leader in enforcement efforts against drug trafficking, to support this alternate forum. Expanding the jurisdiction of the ICC to prosecute drug trafficking offenses will advance the drug policy objectives of the United States and help stem the growing threat of crime in the 21st century. In presenting its case for using the ICC to prosecute drug trafficking offenses, this article first describes the problem of international drug trafficking, with emphasis on the United States. It focuses on why international prosecution furthers the drug policy goals of the United States, as well as on why the current system of enforcement is inadequate to keep pace with the burgeoning drug trade. The author also briefly traces the background of international efforts to address drug trafficking as an international crime, as well as efforts to create an ICC with jurisdiction over drug trafficking. The concluding section explains the need to expand the Court's jurisdiction to include drug trafficking and addresses arguments raised in opposition to this proposal. The appendix contains a draft of the proposed mechanism for expansion. 173 footnotes