The Least Dangerous Branch: Six Letters from Publius to Cato in Support of the International Criminal Court

13 Pages Posted: 2 Mar 2021

See all articles by Leila N. Sadat

Leila N. Sadat

Washington University in St. Louis - School of Law; Yale Law School

Date Written: March 2, 2021

Abstract

This Article provides a unique perspective into the similarities between the nascent US republic and the International Criminal Court. The paper adopts the style of the Federalist Papers, which provided an invaluable insight into the drafting and interpretation of the United States Constitution. It reframes the debate by showing how the questions surrounding the validity of the ICC are not unique to the ICC, but equally applied to the US. In doing so, it highlights that many of the same concerns which motivate opponents of the ICC could equally be levelled against the United States federal judiciary.

Keywords: International Criminal Court, Federalist Papers, International Criminal Law, Rome Statute; international law; global governance; federalism; comparative law; constitutional law

Suggested Citation

Sadat, Leila N., The Least Dangerous Branch: Six Letters from Publius to Cato in Support of the International Criminal Court (March 2, 2021). Washington University in St. Louis Legal Studies Research Paper No. 21-02-01, Case Western Reserve Journal of International Law, Vol. 35, No. 339, 2003, Available at SSRN: https://ssrn.com/abstract=3796447

Leila N. Sadat (Contact Author)

Washington University in St. Louis - School of Law ( email )

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Yale Law School ( email )

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